Principle

CIVIL PROCEDURE β€” Exercise of Discretion β€” Requirement that Discretion be Exercised Upon Known and Fully Disclosed Facts

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Judicial discretion must be exercised based on complete, accurate, and precise facts. Discretion exercised without factual disclosure, on partial disclosure, or on misrepresented or suppressed facts is not judicially exercised. The court must provide reasons justifying its discretionary decision. This serves ensuring appellate review and…

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