Principle

APPELLATE PRACTICE — Fresh Issues on Appeal — Leave Required to Argue New Issue Not Raised Below

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Leave is required to raise a fresh issue on appeal not argued below. Fundamental issues may justify granting leave. The principle applies to appellate practice. The rule balances finality with the need to address foundational errors. Special circumstances must be shown to justify the new…

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