(a) Acceptance or rejection. If a trial court conditionally grants or denies a new trial subject to either an additur or remittitur, the party to whom it is directed has 42 days from entry of the order in which to accept or reject it. If the party files a notice of appeal, the appeal does not constitute an acceptance or a rejection of the additur or remittitur and the party is not required to accept or reject the additur or remittitur until the determination of the appeal.
Rule 59.1.Additurs or remittiturs instead of new trial
Title VIII: Post-Judgment Procedure · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 59.1 governs the deadlines a party has to accept or reject a court-ordered additur or remittitur, both before and after an appeal.
Full Text of Rule 59.1
(b) Effect of appeal. If a party to whom an additur or remittitur is directed is successful on appeal, the case will proceed as provided in the opinion determining the appeal. If the order of the trial court granting a conditional new trial is affirmed, the party to whom the additur or remittitur was directed has 14 days from the date of issuance of the appellate remittitur in which to accept or reject the additur or remittitur consistent with the appellate opinion.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
When a court conditionally grants or denies a new trial contingent on an additur (increasing damages) or a remittitur (reducing damages), the party affected does not have to decide instantly. Rule 59.1 gives that party 42 days from the order to accept or reject the adjustment. Filing a notice of appeal does not force an immediate choice; the party can wait until the appeal is resolved before deciding whether to accept or reject the additur or remittitur.
If that party wins on appeal, the case proceeds however the appellate opinion directs. If the appeal instead affirms the trial court's order, the clock restarts: the party then has 14 days from the appellate court's remittitur to accept or reject the additur or remittitur in a way consistent with the appellate ruling.
Frequently Asked Questions
What is the deadline to accept or reject an additur or remittitur?
The party to whom it is directed has 42 days from entry of the order to accept or reject it.
Does filing an appeal force a party to decide on the additur or remittitur right away?
No. Filing a notice of appeal does not count as accepting or rejecting the additur or remittitur, and the party does not have to decide until the appeal is resolved.
What happens if the party wins the appeal?
The case proceeds according to whatever the appellate opinion directs, rather than under the original 42-day framework.
What happens if the trial court's order is affirmed on appeal?
The party then has 14 days from the date the appellate remittitur issues to accept or reject the additur or remittitur, consistent with the appellate opinion.
What is the difference between an additur and a remittitur?
An additur increases a damages award the court found too low, while a remittitur reduces a damages award the court found excessive. Rule 59.1 governs the timing for accepting or rejecting either one.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: additurremittituraccepting a remittiturexcessive damages reductionrule 59.1 idahoadditur remittitur deadline