Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-2104 (2026)

Remittitur or additur by supreme court

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 6 cases, 1957–1989 · leading case: Arizona Podiatry Ass'n v. Dir. of Ins., 422 P.2d 108 (Ariz. 1966).
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Arizona Podiatry Ass'n v. Dir. of Ins., 422 P.2d 108 (Ariz. 1966). · cites it 2× “Appeals (Remittitur or Additur) § 12-2104 27. Elections — Successor to Office § 38-345 28.”
Olson v. Walker, 781 P.2d 1015 (Ariz. Ct. App. 1989). · cites it 2× “While there is no showing of passion or prejudice, the award is simply excessive for this wrongdoer and, in a larger *185 sense, for all of us.”
Crystal Coca-Cola Bottling Co. v. Cathey, 317 P.2d 1094 (Ariz. 1957). · cites it 2× “In view of the expense plaintiff has necessarily incurred in defending this appeal we are not disposed to order a remittitur under A.R.S. § 12-2104, and the $1,000 judgment stands affirmed.”
Adams v. Wright, 403 So. 2d 391 (Fla. 1981). “, remittitur); Ariz.Rev. Stat. § 12-2104 (1956) & Ariz.Civ.”
Griffen v. Stevenson, 402 P.2d 432 (Ariz. Ct. App. 1965). · cites it 2× “Consequently, we cannot say that the jury was not prejudiced, however, this court under A.R.S. § 12-2104 has power to order that if a 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…”
Harris Cattle Co. v. Madison Chevrolet, Inc., 438 P.2d 434 (Ariz. Ct. App. 1968). · cites it 2× “” A.R.S. § 12-2104 empowers the Supreme Court to order remittiturs or additurs.”
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