First Adopted: April 10, 1974
Most Recently Effective: January 01, 1975
Rule 78 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | New Trials – After–Trial Motions – Preservation of Error
78.08 | New Trial – Plain Errors May Be Considered
Plain errors affecting substantial rights may be considered at a hearing on motion for a new trial, in the discretion of the court, though not raised in the motion or defectively raised, when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.
Committee Note – 1974
This is substantially the same as prior Rule 79.04 except that the reference to plain error being considered on appeal was deleted and placed in Rule 84.13(c).
(Adopted April 10, 1974, effective January 1, 1975.)