Principle

CIVIL PROCEDURE — Representative Capacity — Challenge to Capacity — When Challenge Must Be Raised

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A challenge to representative capacity is a new issue if not raised in the lower courts. Such an issue requires leave of the appellate court. Failure to obtain leave renders the challenge incompetent. If the parties conducted the litigation in a representative capacity without objection,…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in