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.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 1 - Practice and Procedure Provisions Common to Courts
§ 11-1-1. Before whom oaths may be taken
§ 11-1-3. Oath of an agent or attorney sufficient in all cases
§ 11-1-5. All papers relating to a cause filed together
§ 11-1-8. Advertising by attorneys not admitted to practice in Mississippi prohibited
§ 11-1-9. Continuance of action or proceeding where counsel is legislator
§ 11-1-18. Bench trials allowed in certain cases where parties agree
§ 11-1-23. Court or judge may require new security
§ 11-1-25. Certain bonds not affected by irregularity
§ 11-1-27. Bonds payable to the state in certain cases
§ 11-1-29. Proceedings on death of surety on bonds, etc.
§ 11-1-31. Death of parties on bonds having force of judgment
§ 11-1-33. Death of parties on bonds having force of judgment; citation in anticipation of judgment
§ 11-1-35. Death of parties on bonds having force of judgment; when citation issued and returnable
§ 11-1-37. Certification of transferred causes
§ 11-1-39. Proceedings in transferred causes
§ 11-1-41. Costs in transferred causes
§ 11-1-43. Seizure of perishable commodities by legal process
§ 11-1-45. Seizure of perishable commodities by legal process; declaration or bill
§ 11-1-47. Seizure of perishable commodities by legal process; possessor presumed to be owner
§ 11-1-49. Seizure of perishable commodities by legal process; process as to nonresident owners
§ 11-1-54. Assessment for filing frivolous claims
§ 11-1-55. Authority to impose condition of additur or remittitur
§ 11-1-56. Responsive pleading to precede assignment to a judge
§ 11-1-57. Additional provisions applicable to all courts
§ 11-1-59. Damages in medical malpractice actions
§ 11-1-60. Limitation on noneconomic damages in medical malpractice actions; definitions
§ 11-1-61. Expert witness in action against physician
§ 11-1-62. Protection of medical professionals who prescribe FDA approved drugs
§ 11-1-63. Product liability actions; conditions for liability; what constitutes a defective product
§ 11-1-65. Punitive damages; limitations
§ 11-1-66. Immunity of premise owners from civil liability in certain circumstances