REMEDIAL POWER AND THE AWARDING OF COSTS
CHAPTER SIX
6:1000 OVERVIEW
6:1100 Appellate Relief
6:1110 Remedial Options
6:1111 Generally
6:1112 The Factors Bearing upon the Choice of Remedy
6:1113 Other Ancillary Remedial Authority
6:1200 An Analytical Framework
6:1210 Ought the Appeal Be Dismissed Notwithstanding Error?
6:1220 As a Practical Matter, Can The Appellate Court Make The Decision?
6:1230 Should the Appellate Court Make the Decision?
6:2000 ORDERING A NEW TRIAL OR HEARING
6:2100 Generally
6:2110 The Authority to Order a New Trial or Remit a Matter
6:2120 The Requirement of A Substantial Wrong or Miscarriage of Justice
6:2121 Test and Onus of Proof
6:2122 Miscarriage of Justice
6:2123 Self-inflicted Miscarriage of Justice
6:2124 Inevitable Result or Harmless Error
6:2130 Terms of the Order For A New Trial
6:2131 Complete or Partial New Trial
6:2132 Directions as to Who Should Conduct the Retrial or New Hearing
6:2200 The Adequacy of the Record
6:2210 Overview
6:2220 The Practicalities and the Wishes of the Parties
6:2221 The Practicalities
6:2222 The Wishes of the Parties
6:2230 Where the Record is Adequate
6:2240 Where The Record Does Not Contain Necessary Findings of Fact
6:2250 New Evidence on Appeal
6:2260 Lack of a Transcript
6:2300 The Nature of the Error
6:2310 Adjudicative Process Errors
6:2311 Evidentiary Rulings
6:2312 Other Errors in the Conduct of the Trial
6:2313 Error in Proceeding By Way of Summary Judgment or Summary Trial
6:2314 Errors in the Decision-Making Process
6:2315 Appearance of a Lack of Neutrality
6:2320 Errors in Determining the Merits
6:2321 Errors of Fact
6:2322 Errors of Law
6:2400 The Institutional Nature of the Decision-Maker
6:2410 Jury Trials
6:2411 Due Process Error
6:2412 Decision-Making Error
6:2413 Error in Findings and Conclusions
6:2414 Assessment of Damages
6:2420 Appeals From Administrative Agencies
6:3000 COSTS ON APPEAL
6:3100 Overview
6:3110 Statutory Power
6:3120 Practice Considerations
6:3200 The General Rule: Costs Follow the Event
6:3210 Overview
6:3220 Appeal and Cross-Appeal
6:3230 Shared Success
6:3240 Multiple Parties
6:3250 Order for New Trial
6:3260 Motions and Interlocutory Appeals
6:3300 Exceptions To The General Rule
6:3310 Denial of Costs Where Issue Novel or Unduly Complex
6:3320 Costs as Compensation For Unnecessary Litigation Expense
6:3330 Costs as a Sanction or as Discipline
6:3340 Intervenors
6:3350 Costs as a Tool to Facilitate Appeals
6:3360 Family Litigation
6:3370 Administrative Agencies
6:3400 Settlement Offers on Appeal