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Three Standards of Review

Three Standards of Review. Three Standards of Review. De Novo Clearly Erroneous Abuse of Discretion. When is De Novo Review Applied. Pure Questions of Law. When is Abuse of Discretion Review Applied?. Various rulings, e.g., Scope of discovery issues Trial procedures Continuances

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Three Standards of Review

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  1. Three Standards of Review

  2. Three Standards of Review • De Novo • Clearly Erroneous • Abuse of Discretion

  3. When is De Novo Review Applied • Pure Questions of Law

  4. When is Abuse of Discretion Review Applied? • Various rulings, e.g., • Scope of discovery issues • Trial procedures • Continuances • Some aspects of admission of evidence • Rulings in which the trial court has to weigh various factors

  5. What does Abuse of Discretion Review Mean? (Federal Courts) • Appellate court must be • Firmly convinced that • The decision lies beyond the pale of reasonable justification

  6. What does Abuse of Discretion Review Mean? (Missouri) • Trial Ct’s decision must be • Clearly against the logic of the circumstances, and • So arbitrary and capricious • as to shock the conscience & • To indicate that the trial court did not carefully consider the issue.

  7. When is Clearly Erroneous Review Applied? • Trial Court Factual Findings • Including findings necessary for motions

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