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Rule 440. Suggestion of Remittitur


In civil cases appealed to a Court of Civil Appeals, if such court is of the opinion that the verdict and judgment of the trial court is excessive and that said cause should be reversed for that reason only, then said appellate court shall indicate to such party, or his attorney, within what time he may file a remittitur of such excess. If such remittitur is so filed, then the court shall reform and affirm such judgment in accordance therewith; if not filed as indicated then the judgment shall be reversed.

Source: Art. 1862, with minor textual change.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.