61.1. Standard for Reversible Error
No judgment may be reversed on appeal on the ground that the trial court made an error of law unless the Supreme Court concludes that the error complained of:
(a) probably caused the rendition of an improper judgment; or
(b) probably prevented the petitioner from properly presenting the case to the appellate courts.
61.2. Error Affecting Only Part of the Case
If the error affects a part, but not all, of the matter in controversy, and that part is separable without unfairness to the parties, the judgment must be reversed and a new trial ordered only as to the part affected by the error. The Court may not order a separate trial solely on unliquidated damages if liability is contested.
61.3. Defects in Procedure
The Supreme Court will not affirm or reverse a judgment or dismiss a petition for review for formal defects or irregularities in appellate procedure without allowing a reasonable time to correct or amend the defects or irregularities.
61.4. Remediable Error of the Trial Court or Court of Appeals
(a) Generally. The Supreme Court will not affirm or reverse a judgment or dismiss a petition for review if:
(1) the trial court’s or court of appeals’ erroneous action or failure or refusal to act prevents the proper presentation of a case to the Supreme Court; and
(2) the trial court or court of appeals can correct its action or failure to act.
(b) Supreme Court Direction if Error Remediable. If the circumstances described in (a) exist, the Supreme Court will direct the trial court or court of appeals to correct the error. The Supreme Court will then proceed as if the error had not occurred.
Notes and Comments
Comment to 1997 change: Former Rules 184 and 185 are merged. The reversible error standard is amended to omit the reference to an action “reasonably calculated to cause” an improper judgment, but no substantive change is intended. Subdivision 61.3 is amended to delete the reference to defects of “substance.”