Clearly erroneous - sustany/dvg GitHub Wiki

The �clearly erroneous� standard is a standard of review in�civil�appellate proceedings.�In the 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.