• Arizona Supreme Court Clarifies Standards for Remittitur in Soto v. Sacco
  • August 4, 2017 | Authors: Lori L. Voepel; Justin M. Ackerman
  • Law Firm: Jones, Skelton & Hochuli, P.L.C. - Phoenix Office
  • The Arizona Supreme Court has clarified the standard for remittitur (and additur) under Ariz.R.Civ.P. 59(i) (now Rule 59(f)), as well as the degree of specificity required in a trial court’s order when granting a request for remittitur and conditional motion for new trial. The Court determined that Rule 59(m) (now Rule 59(i)), which requires the trial court to specifically state the grounds when granting a new trial, applies equally to an order granting a remittitur (or additur). The Court also clarified the degree of deference that a reviewing court should accord to the trial court’s remittitur/additur order, as well as the burdens on the parties on appeal, depending on whether the specificity requirement has been met. The Court also acknowledged that similar jury verdicts may be considered in determining whether a jury verdict is excessive, so long as they are not treated as determinative. Finally, the Court affirmed the constitutionality of remittitur in the context of the right to a jury trial.