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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 ...

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