Lawyers who’ve just lost a jury trial often ask whether they need to file a new trial motion before appealing. The answer is case-specific, but there are a few arguments that should almost always be raised via a new trial motion if the record supports
Every appellate opinion must have a “disposition,” in which the court formally resolves the appeal. Sometimes the disposition is a final judgment for one side, whether affirming or reversing the judgment below. But many times, the court directs further proceedings on remand to the trial
When the trial court excludes evidence important to your case, making an offer of proof is critical to preserving the issue for appellate review. Otherwise, the appellate court will not know what was excluded, much less why its exclusion was prejudicial—a fundamental requirement for reversal.
Appellate justices and staff attorneys who don’t know your case will have to decide it. Make it easier for them: step outside your box and consider the case from their perspective. You know your facts and issues. The case interests you, and since you’re prosecuting
A party that fails to preserve its evidentiary objections in the trial court forfeits any appellate challenge to the admission of the evidence. Here are some guidelines for avoiding a forfeiture: If the trial court definitively denies a pre-trial motion in limine to exclude evidence,
Showing trial court error is critical in any appeal, but it’s usually not enough. Only a few types of errors trigger an automatic reversal. For all other types of errors, the appellant must also show prejudice—that is, a reasonable probability that the error affected the
California appellate courts lose jurisdiction once the deadline passes to notice an appeal. Truly and forever. So it’s time again for ASIC’s semi-annual selection of orders that just might be appealable (or not … we try to keep it interesting). As always: these answers apply
Descriptive headings make briefs more clear, and result in a table of contents that provides a helpful roadmap of your position. But on-point headings are more than just good practice—they are required, and failing to use them comes at a high cost: Each point in
Federal appellate courts mastered e-filing many years ago, and it’s the norm nationwide. But state appellate courts in California still have not fully implemented it. Here’s a summary of where things stand: The state Supreme Court forbids e-filing for merits briefs, but as of September
After suffering an adverse trial court ruling that isn’t immediately appealable, litigators often wonder whether they should seek discretionary review in the Court of Appeal via a writ petition. The answer is case-specific because it depends on many factors. But there is one overarching theme
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