Remittitur

Remittitur is a post-trial procedure in civil litigation by which a court reduces a jury’s damages award when the judge determines the amount awarded is excessive in light of the evidence. The term is Latin for “to send back.” It is used in common-law jurisdictions, particularly in the United States, as a mechanism to align jury awards with the record without requiring a whole new trial.

Typically, after a verdict, a judge can inform the parties that the damages appear unreasonably high and offer the plaintiff the option to remit the amount to a figure the court deems supported by the evidence. If the plaintiff accepts the remittitur, judgment is entered for the reduced amount and no new trial is held. If the plaintiff rejects it, the court may order a new trial, usually on damages, though in some jurisdictions a new trial on the entire case may be invoked.

Remittitur is commonly discussed alongside additur, the related but less common option of increasing a verdict. Additur is restricted in many jurisdictions and is more controversial because it involves the court attempting to override a jury verdict by increasing damages. In federal courts, and in many states, procedures and constitutional considerations limit or prohibit additur, whereas remittitur remains a more widely accepted tool for correcting excessive verdicts and preserving judicial economy.

Overall, remittitur serves to reduce excessive jury awards while preserving the opportunity for appellate review of the trial record, though critics note it can pressure plaintiffs to settle or waive rights to a full trial.