Rule 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."