PrincipleAPPELLATE PRACTICE – Order for Retrial – When Inappropriate
- Area of law
- APPELLATE PRACTICE
- Court
- Supreme Court
Retrial orders are inappropriate when the plaintiff's case failed on the merits—they failed to prove essential elements despite having full opportunity. Retrial serves to cure: procedural irregularities affecting fairness, jurisdictional defects requiring fresh start, or situations where evidence wasn't properly considered. Retrial doesn't serve to:…
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