Charger wrote:musicfor18 wrote:Charger wrote:Can someone clarify remittitur and additur and when each can be used in federal court and in CA?
Remittitur can be used in federal and state court. Additur can only be used in state court because it violates the 7th Amendment. The reason state courts can use it is because the 7th Amendment hasn't been incorporated to apply to the states. In terms of when they're used, I think remittitur is used when a D moves for a new trial on the ground that the jury awarded excessive damages. If the judge agrees, the judge can give the D a choice of accepting a lower judgment or having a new trial. Additur is the opposite. If it appears the jury's damage award was lower than any reasonable juror could have found, then the state judge can give the P a choice between accepting a higher damage award or getting a new trial.
I'm confused. Critical Pass cards say, "Federal court cannot reduce jury award (violates 7th Amendment) but judge can order a new trial or offer remittitur or additur if convinced award is too high or low."
So the CP cards are making it seem like both can be used, provided that the party making the motion is given the choice of adding/reducing award and a new trial. Are the cards just wrong?
Additur--judge offers that D can pay more or new trial (not allowed in federal court)
Remittitur-- judge offers that P can accept less or new trial. Judge must offer, it cannot simply lower.