What is "remittitur"

Remittitur \Re*mit"ti*tur\ (-t?-t?r), n. [L., (it) is remitted.] (Law)

1. A remission or surrender, -- remittitur damnut being a remission of excess of damages.

2. A sending back, as when a record is remitted by a superior to an inferior court.
   --Wharton.

n. (context legal English) The reduction by a judge of damages awarded by a jury.

A remittitur is a ruling by a judge (usually upon motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case. Usually, this is because the amount awarded exceeded the amount demanded. The term is sometimes used for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded, but is otherwise considered excessive. An example of the latter is the high-profile file-sharing court case Capitol v. Thomas.

If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial restricted to the matter of damages.

The term is also sometimes used in place of " remand" or a mandate—that is, moving a case from a higher court to a lower court. Notably, under California law, the Court of Appeal issues a remittitur after an appeal is heard and decided. In contrast, the U.S. federal Courts of Appeals issue a mandate.