Principle

APPELLATE PRACTICE β€” Fresh Issues on Appeal β€” Leave Required to Raise Issue Not Litigated Below

Area of law
APPELLATE PRACTICE
Court
Supreme Court

An issue not raised in the lower court cannot be raised for the first time on appeal without leave. Leave must be sought and obtained from the appellate court. The requirement applies to the Supreme Court as well. Without leave, the issue is incompetent and…

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