Principle

APPELLATE PRACTICE — Appeal — Failure of Trial Court to Address Vital Issue — Proper Order

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Failure to address a vital issue warrants a retrial. The principle applies to appellate practice. The appellate court cannot decide the issue without a trial. The rule ensures that the parties have a proper hearing. The retrial allows the issue to be properly considered. The…

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