Principle

APPELLATE PRACTICE – Fresh Issues on Appeal – Requirement of Leave

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Fresh issues of law may be raised in the Supreme Court even if not raised below, but only with leave of the court. Without leave, the ground and related issue cannot be considered. The requirement prevents surprise and ensures the lower court had opportunity to…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in