Last week I presented my talk “Ten Trial Tips from an Appellate Specialist” to the San Francisco Lawyers Network (Feb. 16, 2023).
Here are the tips:
Rule Zero: 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!
You may download a PDF of my slideshow by clicking through to the full article.
Thank you to my colleagues who sent me their top tips!