Appellate Court Burden

January 24, 2012

  • 30 Appeal and Error
  • 30XVI Review
  • 30XVI(G) Presumptions
  • 30k901 k. Burden of Showing Error.

30 Appeal and ErrorAppellate court system is designed so that appellant must do the “heavy lifting,” and an appellate court that assumes that burden on behalf of an appellant distorts the fundamental allocation of benefits and burdens.
Niemela v. Imperial Mfg., Inc., 263 P.3d 1191 (Utah Ct. App. Sept. 29, 2011)
Suggested by Valerie Garber, Principal Attorney Editor, Westlaw