PART V — JURISDICTION AND COMMENCEMENT
Rule 42. Preservation, standards of review, and prejudicial error
Preservation statement
For each issue, the party seeking reversal must state:
where and how the issue was raised below;
the lower tribunal’s ruling;
the record citations for both; and
the applicable standard of review.
An appellee relying on an alternative preserved ground must provide the same information.
Criminal error
In a criminal appeal:
the appellant must allege and show prejudicial error properly preserved below;
an unpreserved error may support relief only if it constitutes fundamental error;
the Court must review the complete relevant record;
the appellant bears the burden of showing prejudicial error; and
reversal of a conviction or sentence requires an express finding of prejudicial error, as required by 6 R. Stat. § 131.803.
Civil error
A civil judgment must not be reversed, set aside, or followed by a new trial for an error in evidence, pleading, or procedure unless examination of the entire case shows a miscarriage of justice. Harmless error must be disregarded.
Administrative appeal
The standards and grounds in Rule 45 exclusively govern an Administrative Court appeal.
General standards
Unless governing law supplies another standard:
constitutional and legal questions are reviewed de novo;
statutory interpretation is reviewed de novo, with any lawful deference separately identified;
a trial court’s factual finding is reviewed for clear error;
evidentiary sufficiency is reviewed in the light required by the governing substantive law;
a discretionary ruling is reviewed for abuse of discretion;
a jurisdictional ruling is reviewed de novo; and
a mixed question is reviewed according to whether its controlling component is legal, factual, or discretionary.
No reweighing without authority
The Court does not retry a case, receive new merits evidence, or substitute its view of credibility merely because it would have decided a factual issue differently.
Alternative grounds and invited error
The Court may affirm on an alternative ground preserved in the record if the opposing party had a fair opportunity to address it. A party ordinarily may not obtain relief from an error the party intentionally invited.