Sec. 73.003. MITIGATING FACTORS. (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.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Section: Previous 73.001 73.002 73.003 73.004 73.005 73.006 73.051 73.052 73.053 73.054 73.055 73.056 73.057 73.058 73.059 NextLast modified: September 28, 2016