Principle

CIVIL PROCEDURE β€” Appellate Practice β€” Appellate Court Will Interfere with Exercise of Discretion Only Where Wrongly Exercised

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Appellate courts defer to trial courts' discretionary decisions unless the discretion was wrongly exercised. The appellant must demonstrate clear error or abuse. The principle applies to appellate practice. The rule respects the trial court's advantage and limits appellate interference. Mere disagreement with the outcome does…

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