|
REMITTITUR |
ADDITUR |
|
|
Movant |
Defending party who lost on a claim |
Claimant who won damages on a claim |
|
Motivation |
Jury damages shockingly high |
Jury damages shockingly low |
|
Motion to make |
Motion for new trial on damages |
Motion for new trial on damages |
|
Who gets choice |
Claimant |
Defending party |
|
Nature of choice |
Claimant must allow jury damages to be reduced, or court will grant new trial on damages |
Defending party must allow jury damages to be increased, or court will grant new trial on damages |
|
Violates Seventh Amendment? |
NO |
YES |
Posted April 9, 2016