Remittitur is generally an order by a court for a new trial, or alternatively, for an amount of damages less than that awarded by the jury, and requires the plaintiff to choose between the two. The term remittitur is also used to refer to the written and signed document that a party who was awarded damages in a trial (the plaintiff) may file with the clerk if it agrees to remit or accept the court’s suggestion of lesser damages than were awarded.
In Texas, remittitur is a legal process where a judge orders a reduction in the amount of damages awarded by a jury if the judge finds the award to be excessive. The judge may suggest a lower amount and give the plaintiff the option to accept the reduced award or face a new trial. This is done to avoid what the court perceives as a miscarriage of justice due to an excessive jury award. If the plaintiff agrees to the remittitur, they must file a written and signed document with the court clerk indicating their acceptance of the reduced damages. If the plaintiff does not agree to the remittitur, the court may order a new trial on the damages issue. Texas courts adhere to the rules and procedures outlined in the Texas Rules of Civil Procedure regarding remittitur.
