Appeals: standards of review

Question 1

Abuse of discretion

Answer 1

Abuse of discretion review applies to a court’s determination of issues within its discretion, for example:

• Admissibility of evidence;
• Sanctions for violations of discovery rules;
• Granting or denying motions to transfer or to sever actions.

Question 2

Clear error

Answer 2

A trial court’s findings of fact, including a master’s findings that have been adopted by the court, may not be set aside unless “clearly erroneous.”

The appellate court must give due regard to the trial court’s opportunity to judge the witnesses’ credibility.

Question 3

Clear error: deference

Answer 3

A finding is clearly erroneous when, although there is evidence to support it, the appellate court, based on the entirety of the evidence, is left with the definite and firm conviction that a mistake has been committed.

Question 4

De novo

Answer 4

In general, appellate review of legal rulings is de novo.

The appellate court reviews the evidence and law without deference to the trial court’s legal rulings.

Question 5

Plain error: jury instructions

Answer 5

Unless a party timely and properly objects on the record:

• to an erroneous instruction given or proposed to be given by the court or
• to the court’s failure to give an instruction timely requested by a party,

the party generally cannot raise the matter on appeal.

The appellate court, however, can address a plain error with regard to the jury instructions that affects substantial rights.