12-2104. Remittitur or additur by supreme
court


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.