This website uses cookies to ensure you get the best experience on our website. Learn more

Got it!

clearly erroneous

The “clearly erroneous” standard is a standard of review in civil  appellate proceedings.  In United States v. United States Gypsum Co. , the Supreme Court stated that the Federal Rule of Civil Procedure 52(a ) provides that “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.” Essentially, the appellate court  must determine that a finding is unsupported by substantial, credible evidence in the record  to meet this standard.

Questions of fact  are reviewed  under the clearly erroneous standard. When the appellate court determines that a lower court ’s finding of fact  is clearly erroneous, the appellate court may reverse that finding. This standard is only applied to fact finding by judges . This standard is considered to have minimal deference to the fact finder. Because finding of facts are made based on evidentiary  hearings  and usually involve credibility  determinations, these findings are reviewed deferentially. Compare de novo  and substantial evidence  standards.

For example, Rule 52(a)(6)  of the Federal Rules of Civil Procedure  requires that a District Court ’s finding of fact not be aside unless “clearly erroneous” in an action tried on the facts without a jury .

[Last reviewed in July of 2022 by the Wex Definitions Team
]

Wex

• ACADEMIC TOPICS

• trial process/advocacy

• THE LEGAL PROCESS

• appellate procedure

• courts

• criminal law

• criminal procedure

• wex definitions

• civil procedure

• courts and procedure

• legal education and practice