Clearly erroneous test - sustany/dvg GitHub Wiki

The clearly erroneous test is a test used by appellate courts when reviewing a holding by a lower court. The test, established by�Rule 52(a)�of the Federal Rules Civil Procedure, states that fact findings by a judge in a nonjury trial stand unless clearly erroneous�and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.

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.