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Plain Error – Civil Procedure II Outline

Civil Procedure II

Plain Error


The failure to raise an objection will act as a waiver on appeal unless the error has seriously affected the fairness, integrity, or public reputation of judicial proceedings.

It is extremely rare in a civil case, but in limited situations an appellate court can still hear an objection on appeal that was not preserved.

The legal standard tested is whether it is needed "to prevent manifest injustice."