Section 11-735

Citation: Section 11-735
Parent Document: Mendes v. Johnson, 389 A.2d 781 (1978)
Jurisdiction: DC (municipal)
Effective Date: 1978-06-13
Original Source: https://www.courtlistener.com/opinion/2073911/mendes-v-johnson/ ↗

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[22] The classification of the changed rule of law as either substantive or procedural is also considered determinative of the retrospectivity question by some courts. The general rule is that if an overruled decision deals with matters of procedure, the effect of a subsequent overruling decision is prospective only. If, however, an overruled decision deals with substantive law, the effect of a subsequent overruling decision is retroactive. See, e. g., Barker v. St. Louis County, 340 Mo. 986, 104 S.W.2d 371 (1937); Koebel v. Tieman Coal & Material Co., 337 Mo. 561, 85 S.W.2d 519 (1935); Curtis v. Barby, 366 P.2d 616 (Okl.1961). This criterion is the least useful in determining the extent of retroactivity since the distinction between substance and procedure is so malleable.

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