§ 9-12-8.Amendment of verdict — When part illegal
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-8
Plain-English Summary
A jury's verdict does not have to be entirely valid or entirely thrown out — it can be partly one and partly the other. When a verdict is legal in part and illegal in part, this section has the court sort the two apart rather than discarding the whole thing.
The mechanism is a remittitur: the court construes the verdict, identifies the illegal portion, and orders it stricken through the remittitur, leaving judgment to be entered for what remains. The legal balance of the verdict survives and becomes the basis for the judgment, even though part of what the jury found could not stand.
This is the same instinct that runs through the rest of the article's approach to imperfect verdicts — read them generously, fix what can be fixed, and reserve avoidance for cases where nothing else works. Here, that instinct produces a targeted edit rather than a wholesale rejection, and the judgment that follows conforms to the verdict as trimmed.
Frequently Asked Questions
What happens when only part of a verdict is illegal?
The court construes the verdict, orders a remittitur removing the illegal portion, and enters judgment for the remaining, legal balance.
What is a “remittitur” in this context?
The court-ordered reduction that strips out the part of the verdict found illegal, leaving the legal portion in place.
Does the whole verdict get thrown out if part of it is invalid?
No. Only the illegal part is removed; the legal balance stands as the basis for judgment.
Who decides which part of the verdict is illegal?
The court, through construing the verdict.
How does this section relate to the general rule against avoiding verdicts?
It supplies a targeted fix — remittitur of the illegal part — consistent with the broader preference for saving a verdict rather than voiding it entirely.
Amendment History
Orig. Code 1863, § 3423; Code 1868, § 3443; Code 1873, § 3493; Code 1882, § 3493; Civil Code 1895, § 5112; Civil Code 1910, § 5696; Code 1933, § 110-112.