Legal Definitions - Remittitur

Remittitur is a legal procedure where a trial court reduces the amount of damages awarded by a jury, or in some specific cases, modifies a jury's conviction to a lesser offense. This action is taken when the court determines that the jury's award or verdict was excessively high or not adequately supported by the evidence presented during the trial, though not necessarily due to bias or prejudice on the jury's part.

When a court orders a remittitur, the plaintiff (the party who brought the lawsuit in a civil case, or the prosecution in a criminal case) is presented with a critical choice: either accept the reduced amount of damages or the lesser conviction, or reject the court's proposed reduction. If the plaintiff rejects the remittitur, the court will typically order a new trial to determine the appropriate damages or conviction.

The primary purpose of remittitur is to allow a trial court to correct what it perceives as an inequitable or excessive jury award or verdict without the need for a complete new trial, provided the plaintiff agrees to the adjustment. This process aims to ensure that judgments are fair and proportionate to the evidence.

• Example 1: Civil Case - Excessive Monetary Damages

  Imagine a personal injury lawsuit where a jury awards a plaintiff $5 million for emotional distress after a minor car accident. The defendant's legal team argues to the judge that this amount is wildly disproportionate to the actual harm suffered and far exceeds awards in similar cases. After reviewing the evidence and legal precedents, the judge agrees that the emotional distress award is excessive. The judge then issues a remittitur, offering the plaintiff the option to accept a reduced award of $1 million for emotional distress. If the plaintiff accepts, the case concludes with the reduced amount. If the plaintiff refuses, the judge will likely order a new trial solely on the issue of damages, meaning the plaintiff would have to present their case for damages to a new jury.

  This example illustrates remittitur because the court identifies an excessive jury award for damages and offers the plaintiff a choice between accepting a reduced amount or facing a new trial.

• Example 2: Civil Case - Punitive Damages

  Consider a lawsuit where a small business sues a large corporation for breach of contract. The jury, perhaps feeling sympathetic to the small business, awards not only compensatory damages for lost profits but also $10 million in punitive damages, intended to punish the corporation. The corporation's lawyers argue that while a breach occurred, their client's conduct was not egregious enough to warrant such a high punitive award, which they claim is unconstitutional. The judge reviews the evidence of the corporation's actions and concludes that the $10 million punitive damage award is indeed excessive and not supported by the level of misconduct proven. The judge then offers a remittitur, proposing to reduce the punitive damages to $1 million. The small business must then decide whether to accept the $1 million in punitive damages or reject the offer, which would lead to a new trial on the punitive damages issue.

  Here, remittitur is applied to reduce an excessive punitive damage award, giving the plaintiff the power to accept the lower amount or risk a new trial.

• Example 3: Criminal Case - Lesser Conviction

  A defendant is convicted by a jury of armed robbery. After the verdict, the defense attorney files a motion arguing that while the evidence clearly showed the defendant committed a robbery, the "armed" element (proving the use of a weapon) was not sufficiently established beyond a reasonable doubt. The judge reviews all the trial testimony and evidence and agrees that there was insufficient proof to support the "armed" component of the charge, although there was ample evidence for simple robbery. The judge then issues a remittitur, offering the prosecution the option to accept a conviction for the lesser crime of simple robbery instead of armed robbery. If the prosecution agrees, the defendant is convicted of simple robbery. If the prosecution refuses, the judge would likely order a new trial on the armed robbery charge, meaning the entire case would have to be re-litigated.

  This example demonstrates remittitur in a criminal context, where the court offers to reduce a conviction to a lesser offense due to insufficient evidence for the higher charge, giving the prosecution the choice to accept or pursue a new trial.