Section 1.22 Plain Error

• Library: App Ct Prac 2015 Supp

g. (§1.22) Plain Error

Plain error is a device by which the appellate courts may save parties in the legal process from trial attorneys who are negligent or worse.

Plain error is material, but unpreserved error. Rule 84.13(a) requires that unpreserved error “shall not be considered.” This is unequivocal language, tolerating no uncertainty or exception in its own terms. Yet, it is followed by Rule 84.13(c), which seems to say, in effect, “never mind, it shall be considered for all.”

But not really. The notion of plain error allows the appellate court to avoid manifest injustice when the materiality of the error exceeds...