A remittitur can reduce damages awarded by a jury or refer a case back to a lower court. Juries have limits to awarding compensation, and a judge can issue a remittitur if damages are disputed or excessive. The plaintiff can accept the award or request a retrial. In appellate courts, a remittitur is used to refer a case back to the lower court for a retrial.
A remittitur is a court order that can have one of two effects. In the first sense, the order is used to reduce the damages award because the judge believes the award is too high. In the second sense, a remittitur refers a case back to a trial court from an appellate court so that the matter can be considered again in court. Either way, the word refers to giving something back.
In civil cases, juries have some flexibility in determining awards once they have determined which litigant is responsible for an event. The suing party usually seeks damages in a specific amount, and the jury can choose to award the requested amount, to award more, or to award less. A remittitur occurs when the jury awards too much and the judge reduces the damages.
This must be decided as a matter of law, not simply the judge’s opinion. If there are limits to awarding compensation, the jury is obligated to respect those limits, even if they privately feel that someone should receive more. A judge can issue a remittitur when damages are disputed or the judge thinks it would be appropriate. Conversely, some jurisdictions also allow the judge to issue an additur, in which the award is increased.
The remittitur eliminates the need for a retrial to arrive at a more reasonable compensation. The plaintiff may accept the award as offered, or may request a retrial. New trials may be requested if the remittitur is found to be unfair or if the circumstances of the case have changed and a higher award might actually be appropriate. Allowing the plaintiff to request a retrial ensures that rights are not violated by issuing a new decision without the consent of the jury or the parties involved.
When a case reaches an appellate court, one of the outcomes that can be achieved is a retrial order. However, once the case reaches the appeal level, it is beyond the jurisdiction of the courts. Thus, the judge is required to issue a remittitur in order to refer the case back to the lower court and give the court jurisdiction over the case. This is done when a judge feels that a case has been adjudicated improperly and that the lower court should retry the case to arrive at a new result.
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