Tex. Civil Practice and Remedies Code § 73.003
MITIGATING FACTORS
Texas · Texas Civil Practice and Remedies Code · Status: effective
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- Citation
- Tex. Civil Practice and Remedies Code § 73.003, MITIGATING FACTORS, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/632648
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Full text
(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.