12-2104. Remittitur or additur by supreme court
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/az/title-12/12-2104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The supreme court may order that if the party who has recovered damages shall, within such time as the court may fix, file a remittitur from the judgment of the amount which the court deems excessive, the judgment as to the remainder of the damages shall be affirmed, otherwise reversed and a new trial ordered.
B. If the supreme court deems the judgment inadequate and insufficient it may order that if both parties consent to the entry of judgment for such amount as the court deems adequate, the court from which the appeal was taken shall render judgment for such amount, and that in case of failure to so consent, the judgment shall be reversed.