LAW 522-001 – Civil Procedure II
Abuse of Discretion
How abuse of discretion is defined will depend on the jurisdiction.
- Decision “was based on a clearly erroneous finding of fact or an erroneous conclusion of law or manifests a clear error of judgment”
- District court “made a clear error of judgment ... or ... applied an incorrect legal standard.”
- “A definite and firm conviction that the trial court committed a clear error of judgment”
- "Failing to exercise a sound, reasonable discretion"
- Decision was "not justified by and clearly against reason and evidence"