The Verdict
In a court of law, a verdict is the finding or the decision taken by the jury or the judge at the end of a trial on a matter submitted to it, after having heard all the facts, the evidence and the witnesses.
The verdicts are given on both civil and criminal cases. In a criminal case, the possible verdict is whether guilty or not guilty. Whereas, in a civil case, the possible verdict is setting out a certain amount of damages to be paid by the defendant to the plaintiff. However, the decision will be taken after hearing any counterclaims application filed by the defendant that is part of the case.
Both the plaintiff and the defendant have the right to appeal against the verdict of the court to increase or decrease the amount of damages. Going for a new trial can be a costly and time taking affair; hence, a motion for additur or remittitur helps the parties to avoid a new trial and saves the time of the court as well.
ADDITUR
1. Additur is a Latin word. It means "it is added to".
2. Additur refers to the power of a trial court to assess the original amount of damages a jury awarded to a plaintiff, and increase it if it is deemed inadequate.
3. The plaintiff has to file a motion for additur to make a request to the trial court to increase the damages awarded.
4. A motion of additur is only allowed under prevailing justice systems in the states. It is not allowed in US federal courts due to seventh amendment protections, and as held by Dimick vs. Schiedt, 293 U.S. 474 (1935).
5. A defendant has to approve a request for additur by the plaintiff. Without his consent, the motion cannot succeed. If a defendant denies, then the plaintiff can go for a new trial.
6. A motion for additur is not appropriate when it is based only on the belief of the plaintiff that the verdict delivered by the trial jury is too low, not up to his expectation. Or, only because he does not agree with the jury.
7. Only under the following circumstances, a plaintiff can file a motion for additur:
• when the plaintiff and his attorney believe that the trial jury made a gross mistake in giving the verdict, which constitutes a miscarriage of justice.
• when the jury made a mistake of delivering the verdict as a result of prejudice or discrimination.
• when the verdict was delivered due to corruption within the court.
• when the jury misinterpreted the instructions given by the judge for the jury, and delivered the verdict.
• when the verdict is shocking to the judicial conscience.
8. The plaintiff must produce necessary proof to the court to support his motion for additur in order to prove that the amount granted by the jury is grossly inadequate to cover the losses suffered by him, or the injustice committed against him.
REMITTITUR
1. Remittitur is a Latin word. It means "to send back" or "to remit".
2. Remittitur refers to the power of a trial court to assess and correct an inequitable damage/verdict awarded by the jury, and to lower the amount of damages granted by the jury without having to order a new trial. This saves time and legal cost for both the parties and the court for the new trial.
3. The defendant has to file a motion for remittitur to make a request to the trial court to decrease the damages awarded. The defendant files such a motion for remittitur when he strongly believes that the total amount of damages awarded to the plaintiff is grossly excessive.
4. The consent of the plaintiff is necessary in order to proceed for a motion for remittitur. If the plaintiff does not agree to it, then the case can go for a new trial.
5. A remittitur ruling can be challenged in an appellate court, where the appellate court can either upheld the remittitur ruling by the lower court or dismiss it completely.
Consultation
Whether you are a plaintiff who wants to file a motion for additur, or a defendant who wants to file a motion for remittitur, it is always advisable to consult with a good attorney/lawyer who can help you with the legal proceedings and advise you on how to proceed.
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