Preservation of Error at Trial


In the midst of trial, preservation of error may often feel like a distraction. Yet, the moment the jury announces its verdict, and one side walks away unhappy and wondering what to do next, the question of whether error was preserved suddenly becomes everything.

This article was designed to be a simple guide to error preservation that can be included in a trial notebook. It includes step-by-step lists and tips for avoiding error preservation traps. You will probably know many of these rules already, but some are less obvious and apply to situations that arise unexpectedly. Having error preservation checklists on hand in these kinds of unexpected situations can be the difference between winning a future appeal and losing it.

Presentation at the State Bar of Texas, 17th Annual Summer School Course, July 16-18, 2015. To read the full paper, click on the PDF here.

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