Appellate Practice
Mar. 4, 2024
'Forfeitures' on Appeal Part I: The basic rules
A persistent frustration lies in the concept of “forfeiture,” where appellate arguments are barred due to not being raised in trial courts, despite the potential for a fairer resolution. This issue, epitomized by cases like Ward v. Taggart, underscores the need for a nuanced understanding of when and how appellate courts should consider new legal arguments based on trial records.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
In prior columns, I have urged trial lawyers to take steps to ensure that the trial court record will give you the best chance of upholding the judgment on appeal (if you won) or overturning it on appeal (if you lost).
First and foremost, get a court reporter – so appellate lawyers like me can show the appellate court what the hell happened in the trial court. Other tips related to g...
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