Principle

APPELLATE PRACTICE — Leave to Appeal — Appellate Review of Discretionary Decision

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Appellate courts defer to lower courts' discretionary decisions. Interference requires bad faith, irrelevant considerations, arbitrariness, or legal/factual misconception. The principle applies to appellate practice. The rule prevents substitution of appellate discretion for trial discretion. The appellant must demonstrate clear error.

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