Sunday, June 17, 2007

Notice of entry of remittitur

I just got this from the local family court:
Notice of entry of remittitur

To the above named parties and to their attorneys of record:

You are hereby notified that a Remittitur has been issued in the above
entitled matter pursuant to Rule 8.272 of the California Rules of the Court and the
Remittitur was entered on JUNE 13, 2007.
It was signed by the Deputy Clerk and had a certificate of mailing. That's all.

I don't even know what a Remittitur is. It is not in my dictionary. Why can't these guys ever say anything in plain English? Is some action on my part required? Why doesn't it send me a copy of that Remittitur, whatever that is? If it was important enough to tell me about it, why isn't it important enough to show it to me?

A reader writes:
I just perused your Angry Dad Blogspot in the hopes of seeing a very nice story in favour of dads on Father's Day. But, alas, I see you are dealing with yet another court "procedure".

The former City Attorney gave me a gift of a law dictionary. Here is how "Remittitur" is defined:
Lat: "in its broadest sense, the 'procedural' process by which the 'verdict' of a jury is diminished by subtraction......The term is used to describe generally any reduction made by the court without the consent of the jury." 116 S.E. 2d 867, 871. "The theory of 'additur' is a corollary to that of remittitur, the former to increase an inadequate verdict, the latter to decrease an excessive verdict. It is a universal rule...that a remittitur may not be granted by a court in lieu of a new trial unless consented to by the party 'unfavorably affected thereby.'' 258 F. 2d 17, 30.

Hope this helps. (Maybe it has something to do with your appeal re: your house being paid off, and the court's attempt to make you pay according to the idea that you have "more money" because of no mortgage. That was sooo unfair to you.
I am not sure if this reader is trying to be funny, but we have no jury verdicts in family court, and the clerks pay no attention to any substantive matter.

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