LAW 522-001 – Civil Procedure II

Clear Error


A finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.

A judge's choice between two permissible views of the evidence cannot be clearly erroneous.

A jury's determination of facts cannot be reviewed.

  • However, a jury's special verdict can be relied upon to make changes.