Supreme Court Rules - Rule 84 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Procedure in All Appellate Courts: Allegations of Error Considered - Reversible Error - Review in Cases Tried Without a Jury or With an Advisory Jury

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Supreme Court Rules

		Section/Rule:	84.13
Subject:	Rule 84 - Rules of Civil Procedure - Rules Relating to All Appellate Courts - Procedure in All Appellate Courts	Publication / Adopted Date:	June 13, 1979
Topic:	Allegations of Error Considered - Reversible Error - Review in Cases Tried Without a Jury or With an Advisory Jury	Revised / Effective Date:	July 1, 2012

84.13. Allegations of Error Considered - Reversible Error - Review in Cases Tried Without a Jury or With an Advisory Jury

(a) Preservation of Error in Civil Cases. Apart from questions of jurisdiction of the trial court over the subject matter, allegations of error not briefed or not properly briefed shall not be considered in any civil appeal and allegations of error not presented to or expressly decided by the trial court shall not be considered in any civil appeal from a jury tried case.

(b) Materiality of Error. No appellate court shall reverse any judgment unless it finds that error was committed by the trial court against the appellant materially affecting the merits of the action.

(c) Plain Error may be Considered. Plain errors affecting substantial rights may be considered on appeal, in the discretion of the court, though not raised or preserved, when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.

(d) Appellate review in cases tried without a jury or with an advisory jury.

(1) The court shall review the case upon both the law and the evidence as in suits of an equitable nature;

(2) The court shall give due regard to the opportunity of the trial court to have judged the credibility of witnesses;

(3) The court shall consider admissible evidence that was rejected by the trial court and preserved. The court may order that proffered evidence that was rejected by the trial court and not preserved be taken by the deposition or by reference to a master under

Rule 68.03

and returned to the appellate court.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended June 23, 1987, eff. Jan. 1, 1988; April 21, 1988, eff. Jan. 1, 1989; May 27, 1999, eff. Jan. 1, 2000; Dec. 16, 2011; eff. July 1, 2012.)