What is remittitur law?

Latin for to send back, to remit. The purpose of remittitur is to give a trial court the ability, with the plaintiff's consent, to correct an inequitable damage award or verdict without having to order a new trial.

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Sample Letter for Motion for Additur or New Trial and Prejudgment...

Broward Florida Sample Letter for Motion for Additur or New Trial and Prejudgment Interest

Name: Broward Florida Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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Letters - Legal - Motions

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Broward

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US-0374LTR

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This form is a sample letter in Word format covering the subject matter of the title of the form.

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Rule 1.535 - REMITTITUR AND ADDITUR (a) Within the time provided in rule 1.530(b), any party may serve a motion for remittitur or additur.

Legal Definition of additur Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts. Many state courts allow additur, however, when the defendant agrees to the increased award on the condition that the court deny plaintiff's motion for a new trial.

Latin for to send back, to remit. The purpose of remittitur is to give a trial court the ability, with the plaintiff's consent, to correct an inequitable damage award or verdict without having to order a new trial.

These terms refer to options both parties have to request a different jury verdict. If the jury's verdict does not satisfy one of the parties, it is possible to file a motion for the trial court to either increase the verdict (additur) or reduce the jury verdict (remittitur).

In the United States where from the provisions of our criminal law on new trial have been taken, errors of law in the judgment or verdict in criminal cases are grounds for new trial. "A new trial will granted where the verdict is against the law." (16 C.J. Sec. 2706; Wharton's Criminal Procedure, Sec.

Unsourced material may be challenged and removed. An additur (Latin: "it is added to") is a legal term referring to the practice of a trial judge adding damages additional to the original amount awarded by the jury. It is not allowed in U.S. federal courts, as held by Dimick vs. Schiedt, 293 U.S. 474 (1935).

Filing a Motion for Additur Additur is the power the trial court has to increase the amount of an award that a jury verdict decided. Additur is a condition if a judge denies a motion for a new trial. The defendant has to consent to additur during a civil trial, but the plaintiff does not.

2 Since its approval by a federal court in 1822,3 remittitur has been accepted and employed by the courts of the United state^. ^ Despite this century and a half of use, the procedures and standards utilized by the federal courts have been, and still are, far from unif~rm.

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A motion for additur is the functional equivalent of a conditional motion for new trial under Florida Rule of Civil Procedure 1. 80 in prejudgment interest).In its crossappeal, Watson contends the trial court erroneously denied its request for prejudgment interest under Civil Code section 3287.

Broward Florida Sample Letter for Motion for Additur or New Trial and Prejudgment Interest

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