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I Object! A Blog on Preservation of Error

May 2015


May 22, 2015 9:12 AM | Posted by Christine Davis Graves | Permalink
Preservation of Error TipsIt is often beneficial to limit the issues at trial to those that are truly disputed and to stipulate to facts that are no longer in dispute.  In some cases, for example, liability may be sharply disputed, but the amount of damages are undisputed.  In this instance, the parties can stipulate prior to trial that, if the plaintiff prevails on a certain issue, the plaintiff will be entitled to a specified amount of damages.  In the haste leading up to trial, however, certain details, such as elements of damages that are not readily apparent, may be forgotten and thus waived if not included in the stipulation. read more
May 21, 2015 2:26 PM | Posted by Steven Blickensderfer | Permalink

Would it be better to confess error on appeal? What factors should influence that decision? If you’ve ever asked these questions, be sure to read Sylvia H. Walbolt’s and Nicholas A. Brown’s recent article on the issue of confessing error, published by the American Bar Association Appellate Practice Section of Litigation. From a preservation standpoint, the article addresses how to deal with harmful intervening binding authority and the benefits of preserving right-for-any-reason arguments.

READ: Practical and Ethical Considerations in Confessing Error on Appeal

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May 4, 2015 9:58 AM | Posted by Matthew J. Conigliaro | Permalink
Preservation of Error TipsWhere a party challenges a trial court’s ruling excluding testimony, appellate courts generally require the substance of the excluded evidence to have been set forth on the record or else the challenge will not be properly preserved for review. Can you make your offer of proof (also referred to as a proffer) at the end of the trial, as opposed to the time when the witness would have given the testimony? read more