Legal Definitions - suggestion of error

A suggestion of error is a formal request or objection made by a party involved in a lawsuit, asking the court to reconsider a previous decision or ruling. This request is typically made because the party believes the court has made a mistake, either in its understanding of the facts or in its application of the law, or has overlooked a critical issue that impacts the outcome of the case. It serves as a way to bring potential errors to the court's attention for correction.

• Example 1: Factual Misinterpretation

  In a civil case concerning a construction defect, the judge's final order mistakenly references a building inspection report from 2018 as the basis for a ruling, when the actual, relevant report submitted as evidence by both parties was from 2020 and contained different findings.

  Explanation: The party negatively affected by this factual inaccuracy would file a suggestion of error. They would highlight the discrepancy between the judge's finding (the 2018 report) and the evidence presented (the 2020 report), arguing that this factual mistake significantly influenced the judgment and should be corrected by the court.

• Example 2: Misapplication of Law

  During a trial involving a new environmental regulation, the judge issues a ruling based on an interpretation of the law that was recently overturned by a higher appellate court, a decision that was published just before the judge's ruling but perhaps not yet widely disseminated.

  Explanation: The party whose case was prejudiced by the application of the outdated legal interpretation would submit a suggestion of error. They would argue that the court's failure to apply the most current and correct legal standard constitutes a legal error that warrants reconsideration of the ruling and a new decision based on the updated law.

• Example 3: Overlooked Argument or Evidence

  In a complex business dispute, one party presented extensive expert testimony and financial models demonstrating a specific method for calculating damages. The court's final judgment, however, did not mention or appear to consider this particular method, instead relying solely on another calculation presented by the opposing side.

  Explanation: The party whose expert testimony and financial models were seemingly overlooked could file a suggestion of error. They would argue that their crucial evidence and argument were not adequately considered by the court, and they would request a rehearing or reconsideration of that specific issue to ensure all relevant information is weighed in the final decision.