Ten Trial Tips That Appellate Specialists Want You to Know

You trial attorneys have a job to do. That job is to win the trial. And you can’t always do that and win the appeal at the same time. So you can’t pick a fight on every point. But, you had better fight the ones that turn the case.

And, you had better make a record on it.

On this episode of the California Appellate Law Podcast, reprising Tim’s recent CLE presentation, we cover 10 tips that appellate attorneys want every trial attorney to know:

The rule that contains all appellate rules: Make the Record.

#1 Make sure your theories of the case are captured in your pleadings

#2 Was key evidence excluded? Preserve the issue by making a proffer.

#3 Keep objecting to evidence if the judge “defers” ruling on your MIL.

#4 Object to Jury Instructions

#5 Review the Verdict for Inconsistences

#6 Request and Object to the Statement of Decision

#7 File a motion for new trial to preserve challenges to the damages amount …and Watch out for JNOVs!

#8 Calculate Appellate Deadlines Correctly

#9 Avoid Common Appellate Briefing Mistakes

#10 Advise your client about important post-judgment issues (Attorney fees and costs; SLAPP fees; Bonds and Stays of Judgment-Enforcement; Post-judgment interest)

Evergreen Tip: Get a Court Reporter!

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Use this link to get a 25% lifetime discount on Casetext.

Other items discussed in the episode:

On sidebars, wee ep. 40 w/ Jimmy Azadian.
Austin B. v. Escondido Union School District (2007) 149 Cal.App.4th 860, 886
People v. Partida (2005) 37 Cal.4th 428, 434
On motions in limine, see ep. 13.
Shaw v. Hughes Aircraft Co. (2000) 83 Cal.App.4th 1336, 1345.
Calculating the deadline to file a notice of appeal: Alan v. American Honda Motor Co., Inc. (2007) 40 Cal.4th 894.
On attorney fees and costs: See ep. 28 and ep. 72.
On bonds and stays: See ep. 7 and ep. 72.
California ponders paying low income jurors more.
Videos from this episode will be posted at Tim Kowal’s YouTube channel.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes summaries of cases and appellate tips for trial attorneys at www.tvalaw.com/articles. Contact Tim at tkowal@tvalaw.com or (714) 641-1232.

Get “Not To Be Published,” a weekly digest of these articles, delivered to your inbox by subscribing here: https://tvalaw.com/california-appellate-newsletter.