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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Response to Plaintiff's Motion for Additur or New Trial

Mecklenburg North Carolina Response to Plaintiff's Motion for Additur or New Trial

Name: Mecklenburg North Carolina Response to Plaintiff's Motion for Additur or New Trial
Brand: US Legal Forms
Rating: 4.72 (212 reviews)

Category:

Civil Actions - Personal Injury - Sample Defendants Responses

State:

Multi-State

County:

Mecklenburg

Control #:

US-PI-0062

Format:

Instant download

Description

This form is used by the defendant to respond to plaintiff's motion for additur or new trial in which the defendant argues that the jury verdict should not be modified and that the plaintiff should not be awarded a new trial.

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FAQ

Irtfra . remittitur is constitutional, see notes 16-20 and accompanying text supra, the issue is by no means dead.

Legal Definition of additur : the increase by a court of the jury's award of damages which the court deems insufficient compare remittitur. 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.

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).

A remittitur is a document that terminates the Court of Appeal's jurisdiction over a case. A remittitur also says if any party is eligible to get reimbursed for some or all of their costs in the appeal. What happens after the remittitur? The case transfers back to the trial court.

Remittitur is a Latin word that means it is sent back and in the appeal context it is the order that the appellate court issues to send the case back to the trial court. It is issued as a matter of course at the end of the appeal and then either side has 10 days to ask for reconsideration.

Under our rules of procedure, a party adversely affected by a decision of a trial court may move for reconsideration thereof on the following grounds: (a) the damages awarded are excessive; (b) the evidence is insufficient to justify the decision; or (c) the decision is contrary to law.

2. GROUNDS FOR NEW TRIAL 1. The errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial; 2.

If a motion for a new trial of reconsideration is filed within the period of 15 days from the promulgation of the judgment of conviction of the defendant, as the motion filed in the present case, it may be decided or passed upon validly at any time thereafter by the court.

Mecklenburg North Carolina Response to Plaintiff's Motion for Additur or New Trial

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