Why Attend?
- Review the necessary techniques to preserve issues for appeal
- Understand some of the hidden waiver traps and how to avoid them
- Explore examples drawn from the most recent cases with two experienced appellate lawyers
Trial Techniques That Lead to Successful Appeals
Often lawyers arrive in appellate courts with a solid argument for reversal, only to learn that their promising issue has been waived by a failure to preserve it in the trial court. In this program, two experienced appellate lawyers explain some of the ways to avoid having to answer troubling waiver questions at the appellate lectern. The program focuses on hidden waiver traps and on the contemporaneous objection rule, recognizing the fact that preservation is not an appellate skill: it is a trial-court skill.
This seminar returns with all NEW nightmares. It will explore the basic rules associated with issue preservation and focus specifically on the many traps for the unwary. Our speakers will also examine the most recent rulings of the Supreme Court of Virginia and Court of Appeals of Virginia as they affect trial practice and appellate preservation, including:
- Berry v. Fitzhugh: Manchester Oaks waiver
- McClary v. Jenkins: Insufficient allegations of standing
- Sheehy v. Williams: Voluntary payment doctrine
- Kenner v. Commonwealth, Robol v. Virginia State Bar: Delayed juror polling; defense in attorney discipline
- Galloway v. Northampton County: Timely objections to discovery-response defects
- McMurtrie v. McMurtrie: Too-narrow appellate issue selection
- Kosko v. Ramser: Post-finality costs awards
- Lucas v. Riverhill Poultry: Pretrial rulings “without prejudice”
- Hawkins v. South Hill: Objection without a motion
- Isle of Wight County v. International Paper: Intentionally limiting appellate remedies
- Ruderman v. Pritchard: Amendment that exceeds jurisdiction equals void judgment for winning plaintiff
- Mintbrook Developers, LLC v. Groundscape: Defendant’s admitted knowledge vanquishes plaintiff’s technical pleading violation
- Yazdani v. Sazagar: No waiver of the right to appeal a fee award, but a frivolous appeal equals getting hammered with more fees
- Boyd v. Weisberg: Agreed jury instructions and verdict form, lack of timely arguments and objections, and new arguments on appeal equals multiple waivers
- Brown v. Commonwealth: Failure to identify the legal right violated
| Registration Deadlines: |
| Webcast: |
10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials. |
| Telephone: |
Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar |
| Live on Site: |
Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis |
Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.
Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.
MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.
Can't Attend? E-mail
distance_ed@vacle.org to be notified when/if this program is made available as an On Demand or USB seminar.
E-mail
publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.