H.F. 102 Section 1. NEW SECTION . 625A.19 Scope of review. 1 1. Equity cases. Review in equity cases shall be de novo. 2 2. Other cases. In all cases, other than equity cases, 3 the appellate courts shall constitute courts for correction of 4 errors at law, and findings of fact in jury-waived cases shall 5 have the effect of a special verdict. 6 3. Review of plain error. A plain error that affects 7 substantial rights may be considered even though the error was 8 not brought to the court’s attention. 9 Sec. 2. AMENDMENT OF RULES OF APPELLATE PROCEDURE BY THE 10 SUPREME COURT. The supreme court shall amend rule of appellate 11 procedure 6.907, relating to scope of review, to be consistent 12 with the provisions of this Act. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the scope of review in appellate 17 proceedings. 18 The bill provides that review in equity cases shall be 19 de novo, and in all other cases the appellate courts shall 20 constitute courts for correction of errors at law, and findings 21 of fact in jury-waived cases shall have the effect of a special 22 verdict. Both of these provisions are consistent with rule of 23 appellate procedure 6.907. The bill further provides that a 24 plain error that affects substantial rights may be considered 25 even though the error was not brought to the court’s attention. 26 The bill directs the supreme court to amend rule of appellate 27 procedure 6.907 to be consistent with the provisions of the 28 bill. 29 -1- LSB 2124HH (2) 89 cm/jh 1/ 1