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A procedure by which a court increases the amount of damages awarded by the jury (compare to remittitur).
What is remittitur and additur?
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.
Why is additur unconstitutional?
Additur has been declared unconstitutional in the Federal courts as a violation of U.S. Const. Amend. VII guaranteeing the right of a jury trial.
Why is additur unconstitutional?
Additur has been declared unconstitutional in the Federal courts as a violation of U.S. Const. Amend. VII guaranteeing the right of a jury trial.
What is a new trial absolute?
The trial judge must grant a new trial absolute if the amount of the verdict is grossly inadequate or excessive so as to shock the conscience of the court and clearly indicates the figure docHubed was the result of passion, caprice, prejudice, partiality, corruption or some other improper motives.
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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.
What does additur mean in court?
A procedure by which a court increases the amount of damages awarded by the jury (compare to remittitur).
What is additur and remittitur?
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.
How do you use additur in a sentence?
The defendant weighed the disadvantages of investing time and money in a new trial and the risk of an even higher award of monetary damages by a sympathetic jury. He consented to the additur. An additur is not justified solely because the amount of damages is low.
What is the legal definition of remittitur?
Latin for to send back, to remit. The purpose of remittitur is to give a trial court the ability, with the plaintiffs consent, to correct an inequitable damage award or verdict without having to order a new trial.
Related links
Remittitur - Wikipedia
In United States law, remittitur is a ruling by a judge lowering the amount of damages granted by a jury in a civil case. The term is sometimes used where a
(4) All orders and judgments of the circuit court granting additur or remittitur shall be affirmed on appeal unless the trial judge committed an abuse of
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