Texas Civil Practice and Remedies Code 73.003 – Mitigating Factors
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(a) To determine the extent and source of actual damages and to mitigate exemplary damages, the defendant in a libel action may give evidence of the following matters if they have been specially pleaded:
(1) all material facts and circumstances surrounding the claim for damages and defenses to the claim;
(2) all facts and circumstances under which the libelous publication was made; and
(3) any public apology, correction, or retraction of the libelous matter made and published by the defendant.
(b) To mitigate exemplary damages, the defendant in a libel action may give evidence of the intention with which the libelous publication was made if the matter has been specially pleaded.
Terms Used In Texas Civil Practice and Remedies Code 73.003
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.