Plain error requires an error that is clear or obvious, affects substantial rights, and seriously affects the fairness or integrity of the proceedings. It applies where the issue was not preserved below.
Civil application is narrower than in criminal cases.
Alternative Names:
Plain Error Doctrine, Plain Error Review
Why it Matters?
Plain error is the fallback when preservation failed and it succeeds rarely in civil litigation, where courts apply it more restrictively than in criminal cases. The requirement that the error be clear at the time of review rather than at trial occasionally helps where intervening authority changed the law. Relying on plain error as a strategy rather than a salvage operation is not viable, which is what makes contemporaneous objection essential.
Frequently Confused with
Related terms
Frequently asked questions
How often does plain error succeed in civil cases?
When does the doctrine help?
