Original Program: Inside Appeals: Expert Advice to Improve Your Appellate Practice (2018 Appellate Practice Section Annual Meeting), September 28, 2018
Appellate Rule 10 embodies the general error-preservation principle that the appellate courts only consider contentions that were properly raised, argued and decided in the trial tribunal.
Nonetheless, a limited number of errors are so fundamental that a rule, law or case authority deems them automatically preserved for appellate review.
In addition, doctrines such as plain error review and Appellate Rule 2 give the appellate courts discretion to review unpreserved arguments.
Two experienced appellate practitioners identify different types of error preservation lifesavers — including when an unpreserved issue is likely to go down with the ship.
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