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If a judge disagrees with the jury's damages award he may order a partial or conditional trial. Remittitur is an order for a new trial that is subject to recall if the plaintiff consents to a reduction in his original damage award. An excessive jury verdict is reduced by the court without the consent of the jury. The parties may either consent to it or may face a new trial in the alternative. There are three approaches that are commonly used to set the amount for remittitur: (1) Fair amount. (2) Lowest amount. (3) Highest value. The theory behind the fair amount calculation for remittitur that the trial judge should reduce the award to an amount the judge determines to be fair and reasonable. The theory behind the lowest amount calculation for remittitur is that the reduction to the lowest amount a plaintiff could get protects the defendant from an improper award. The plaintiff can always accept a new trial to protect his interests. The reduction to the highest amount deemed not excessive rests on the theory that the jury's verdict should be upheld as much as possible. The highest amount calculation for remittitur is more likely to produce ...

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