Abuse of discretion review asks whether the trial court's decision fell outside the range of permissible choices. Reversal typically requires that the court applied an incorrect legal standard, relied on clearly erroneous facts, or reached a decision no reasonable judge would make.
It governs evidentiary rulings, discovery decisions, case management, sanctions, and new trial rulings.
Alternative Names:
Abuse of Discretion Standard, Discretionary Review
Why it Matters?
Most trial court rulings receive this standard, which is why the great majority of appeals fail. It also shapes trial strategy: because evidentiary rulings are effectively unreviewable, winning the motion in limine matters far more than preserving the objection for appeal. Appellants seeking reversal under this standard generally succeed only by showing a legal error underlying the discretionary decision.
Frequently Confused with
Related terms
Frequently asked questions
What must an appellant show to establish abuse of discretion?
Why does this standard favor affirmance?
