Clearly erroneous

What clearly erroneous means

Put simply, clearly erroneous is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where clearly erroneous comes up

For example, the term appears in these procedures:

• Motion to Amend Findings (Bench Trial) (Fed. R. Civ. P. 52(b)): a request, after a trial without a jury, that the court amend its findings of fact or make additional findings, and amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59.

Read the source: Standard of review.

How to research the term

Start with the primary source. For example, if clearly erroneous appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read clearly erroneous in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Findings of fact: the court's written decisions about what happened, based on the evidence. In a federal bench trial, Federal Rule of Civil Procedure 52(a) requires the court to find the facts specially and state its conclusions of law separately.
• Civilian: a person who is not a member of the armed forces.
• Claim: a demand for relief based on a legal right. In a lawsuit, a claim is a statement of the facts and legal basis on which a party seeks relief. Under Federal Rule of Civil Procedure 8(a), a pleading that states a claim must contain a short and plain statement of the claim showing that the pleader is entitled to relief.
• Class action: a lawsuit in which one or more people sue or are sued as representatives of a larger group.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.