Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

An additur is an order granting a new trial unless the defendant increases the amount of the verdict. A trial judge will use his inherent powers to increase a damages award on the condition that he will deny a motion for a new trial by the plaintiff. This is a matter of judicial strong-arm negotiation to preserve judicial resources. Additur is not available in federal courts as it violates the 7th Amendment. Many state courts allow both additur and remittitur. 

In Kalchthaler v. Workman, 316 S.C. 499, 450 S.E.2d 621 (Ct. App. 1994), the Court of Appeals held that a party, having requested and been granted an additur, cannot complain of the amount. However, this does not preclude a party that is granted additur from appealing the trial judge's refusal to grant a new trial absolute. Sullivan v. Davis, 317 S.C. 462, 467, 454 S.E.2d 907, 911 (Ct. App. 1995). 

It has been clear, at least since Dimick v. Schiedt, 293 U.S. 474, 79 L. Ed. 603, 55 S. Ct. 296 (1935), that while a remittitur is permissible in federal courts, an additur is not. Crane v. Consolidated Rail Corp., 731 ...

Register or login to access full content