Remittitur
A court’s order reducing a jury’s damages award that it finds excessive. In federal court, the plaintiff is usually given the choice of accepting the lower amount or having a new trial.
Concepts that apply broadly; check your own jurisdiction.
A court’s order reducing a jury’s damages award that it finds excessive. In federal court, the plaintiff is usually given the choice of accepting the lower amount or having a new trial.
A second hearing of a case by the same court to reconsider its decision. In the federal courts of appeals, a party may petition for panel rehearing or rehearing en banc under Federal Rule of Appellate Procedure 40.
The materials the appellate court reviews: the original papers and exhibits filed in the trial court, the transcript of proceedings, and a certified copy of the docket entries (Federal Rule of Appellate Procedure 10(a)).
A neutral person appointed by a court to take custody of, manage and protect property or a business while a case is pending or to help enforce a judgment. Federal Rule of Civil Procedure 66 governs actions in which a party seeks to appoint a receiver or in which a receiver sues or is sued.
To void or set aside, such as a subpoena or an indictment. Under Federal Rule of Civil Procedure 45(d)(3), the court must quash or modify a subpoena that, for example, fails to allow a reasonable time to comply or subjects a person to undue burden.
The party who answers a petition or appeal. In the U.S. Supreme Court, the party opposing review is the respondent.
The party who files a petition, such as a petition for a writ, a petition for review or a petition in family court. In the U.S. Supreme Court, the party seeking review is the petitioner.
Latin for “by the court.” An opinion issued in the name of the court as a whole rather than signed by a specific judge.
A formal offer by a party defending against a claim to allow judgment on specified terms. Under Federal Rule of Civil Procedure 68, if the other side rejects it and later obtains a judgment that is not more favorable than the offer, it must pay the costs incurred after the offer was made.
Latin for “now for then.” A court order that takes effect as of an earlier date, often to correct the record so it reflects what actually happened.
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