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Rule 12-321 Scope of review; preservation.

ARTICLE 3 General Provisions

A. Preserving issues for review. To preserve an issue for review, it must appear that a ruling or decision by the trial court was fairly invoked. If a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice the party.

B. Exceptions.

(1) Subject matter jurisdiction of the trial or appellate court may be raised at any time.

(2) This rule does not preclude a party from raising or the appellate court, in its discretion, from considering issues that by case law, statute, or rule may be raised for the first time on appeal. These issues include, but are not limited to, issues involving

(a) general public interest;

(b) plain error;

(c) fundamental error; or

(d) fundamental rights of a party.

Amendment history: As amended, effective September 1, 1993; 12-216 recompiled and amended as 12-321 by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after December 31, 2016. Adopted by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after December 31, 2016.