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Click ‘Get Form’ to open the additur document in the editor.
Begin by filling in the court name and county in the designated fields at the top of the form.
Enter the state where the case is being heard, followed by the names of the petitioner/plaintiff and respondent/defendant.
In section I, provide details regarding the legal basis for requesting an additur, ensuring to reference any relevant code sections.
Clearly state your arguments against the plaintiff's motion, including any evidence presented during trial that supports your position on damages.
Complete the judgment request section by entering the jury's verdict amount and any other pertinent financial figures.
Fill in your name, title, address, contact information, and attorney number at the bottom of the form.
Finally, complete the Certificate of Service section by providing details about how you served a copy of this response to opposing counsel.

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What is the difference between additur and remittitur?

Additur and remittitur are Latin terms (as are many legal terms) that refer to a judges power to adjust the amount of money awarded by a jury: Additur allows a judge to increase the jurys award of damages. Remittitur allows a judge to decrease the jurys award of damages.

What is the opposite of additur?

Remittitur is the opposite of additur. If a jury awards an amount to the plaintiff that is grossly excessive to the damages presented by the plaintiffs evidence, the judge can reduce the verdict award.

What is additure?

Additur is a process whereby a judge increases the amount of damages awarded by a jury. This can occur if the judge finds the jurys award to be insufficient based on the evidence presented during the trial.

What is a judges final decision called?

Additur, like remittitur, is never available as an alternative to granting a new trial unless the only ground upon which the new trial could be granted is the adequacy of the damages.

Is additur allowed in state court?

Some American states, on the other hand, allow the practice, including California and New Jersey. It is the opposite of remittitur, which is allowed in federal law. Although this is a rarely used procedure, it is usually granted for punitive damages when it is used in state courts.