Preserving Civil Issues for Federal Court Appeals: Avoiding Waiver, Making Motions and Objections, Presenting Issues on Appeal

The outcome of a federal civil appeal is heavily dependent on the trial phase of the case. Without the necessary knowledge and planning by trial counsel, the prospects for success on a federal civil appeal can be substantially diminished (or improved) even before a notice of appeal is filed.

Even if trial counsel successfully navigates the trial phase, a good appellate argument has a better chance for success when the issues are properly raised and presented to the appellate court.

There are many traps for the unwary: pleadings, pretrial and trial motions, objections to evidence and testimony, court rulings and orders, objections to jury instructions, verdict forms and closing arguments, post-verdict motions, the physical record on appeal, and appellate briefs and arguments.

Listen as our panel explains how trial counsel can avoid the pitfalls and preserve key issues in a case after trial for consideration by an appeals court.

1. Pleading claims, defenses and theories
2. Raising and waiving issues before trial
3. Avoiding waiver during trial through motions and objections
4. Avoiding waiver through pre- and post-verdict motions and objections
5. Completing the record
6. Understanding the standards of review and avoiding waiver in appellate briefs

The panel will review these and other key issues:

• How should trial counsel preserve potential issues for appeal during the pleading and pre-trial stages?
• How can trial counsel avoid issue waiver during trial through motions and objections?
• What pre- and post-verdict motions can prevent the waiver of potential appellate issues?
• How can issues be developed in the trial record in ways that improve the prospects for success on appeal?
• How can appellate counsel avoid waiving issues when presenting issues in appellate briefs?