When may a misapprehension of fact in the first-instance judgment be put forward as a reason for appealing?
General information · Not legal advice
Material to check
For this exercise, we read the certified copy of the judgment for the findings it rests on, the trial record and transcripts for what was actually put before the court, and any ruling admitting or refusing evidence, since the provision turns on whether the judgment's view of fact is wrong and whether that affected the outcome.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the item at face value: a ground of appeal exists where there is a misapprehension of fact and that misapprehension has an effect on the judgment, so an error about a fact that made no difference to the outcome does not meet the item's own words.
Another reading stresses what the item does not say: it names the ground but not who decides it, on what standard, or what must be filed to raise it, so the provision leaves the route and the test for showing the effect on the judgment open.
Your judgment
If the appellant disputes a finding of fact, what in the record could show that the finding, rather than the law applied, decided the case?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add a standard or procedure for this ground, or if a court decision explains what shows that a misapprehension of fact affected the judgment.