Oregon Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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How to fill out Sample Letter For Motion For Additur Or New Trial And Prejudgment Interest?
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FAQ
Ideally, a judge only grants a motion of remittitur when they believe the amount of a jury award to be so excessive as to be a gross miscarriage of justice. Unlike additur, which is allowed only in state courts where the 7th amendment doesn't apply, a motion for remittitur is allowed in federal court cases.
Remittitur is the exact opposite of additur. It is the removal of a portion of a judgment award granted by a jury. Remittitur may occur if a judge believes the verdict awarded is grossly excessive for the circumstances.
If a jury verdict does not satisfy one of the involved parties, that party can file a motion to either increase (additur) or decrease (remittitur) the amount awarded. Filing a motion for additur means to make a request to the trial courts to increase the amount a jury awarded a plaintiff.
A procedure by which a court increases the amount of damages awarded by the jury (compare to remittitur). A party may move for additur, or the court may sua sponte order additur, if the jury awards an inadequate amount of damages.
Additur also refers to the ability of the trial court to increase the total amount of the damages that have been awarded if they are deemed to be inadequate. However, an increase in the total amount of damages awarded to a plaintiff will only be made as a condition of a denial of a new trial.
Noun. Note: The Supreme Court held in Dimick v. Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts.
Additur refers to the power that the trial court has to assess damages that are returned by a jury. Additur also refers to the ability of the trial court to increase the total amount of the damages that have been awarded if they are deemed to be inadequate.
