Civil Pro. Adaptibar

Question 1

• Remittitur. If a trial judge believes that the jury’s award of damages is so excessive as to “shock the conscience”, the Judge may therefore conditionally order a new trial, which will occur unless the plaintiff agrees to a reduction of the damages to a specified amount.
• Additur is when the judge finds the damages inadequate and orders a conditional new trial unless the defendant consents to increase the damages.

Which is allowed in Fed court and which is not?

Answer 1

Remittitur is allowed in federal practice, but additur is not.