2005 Regular Session
To: Judiciary, Division A
By: Senator(s) Doxey
AN ACT TO AMEND SECTION 11-1-55, MISSISSIPPI CODE OF 1972, TO REQUIRE EVERY TRIAL COURT JUDGE IN ANY ACTION RESULTING IN A FINAL DECISION FOR A MONEY JUDGMENT TO STATE IN A WRITTEN OPINION WHY THE COURT DID OR DID NOT ORDER ADDITUR AND DID OR DID NOT ORDER REMITTITUR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-1-55, Mississippi Code of 1972, is amended as follows:
11-1-55. Every final decision for a money judgment shall state in a written opinion as part of the final order why the judge did or did not order additur and did or did not order remittitur, regardless of whether any party moved or did not move for additur or remittitur. The Supreme Court or any other court of record in a case in which money damages were awarded may overrule a motion for new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the damages are excessive or inadequate for the reason that the jury or trier of the facts was influenced by bias, prejudice or passion, or that the damages awarded were contrary to the overwhelming weight of credible evidence. If such additur or remittitur be not accepted, then the court may direct a new trial on damages only. If the additur or remittitur is accepted and the other party perfects a direct appeal, then the party accepting the additur or remittitur shall have the right to cross appeal for the purpose of reversing the action of the court in regard to the additur or remittitur.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.