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Clearly Erroneous

When a judge makes a decision about facts in your case, an appeals court will only overturn it if it is clearly wrong—meaning the court has a definite and firm conviction that a mistake was made.

What it actually is

This standard, called 'clearly erroneous,' is used by appellate courts when reviewing a trial judge's findings of fact, not conclusions of law. It typically appears in written rulings or findings after a bench trial, where the judge alone decides the facts. The appeals court gives great deference to the trial judge because they saw and heard the witnesses firsthand.

Why it matters in your case

Practically, it means that if you lose on a factual issue at trial, it is very hard to win on appeal just because the judge got the facts wrong—the error must be obvious and serious. Your appeal will likely focus on errors of law, not factual disputes, unless you can show the judge's finding had no support in the evidence.

The common misunderstanding

People often think 'clearly erroneous' means any mistake is enough to overturn the case, but it actually requires a high level of certainty that the trial judge's finding was wrong. It does not mean the appeals court would have decided differently—they must find the original decision was clearly unreasonable.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.