Trial and Post-Trial Motions

Filing a critical motion in limine could be key to your trial. What about 40 motions in limine? Appellate attorney Frank Lowrey says he’s heard trial judges refer to these as "stupid motions in limine." Watch the clip here. You can listen to Jeff Lewis and Tim Kowal's entire interview with Frank Lowrey at episode 13...Read More >>

Do you still have to object if you filed a motion in limine? While a denial of a MIL preserves your objections, a deferred ruling preserves nothing. Counsel must be prepared to make contemporaneous objections at every instance to preserve the objection. Watch the clip here. You can listen to Jeff Lewis and Tim Kowal's entire...Read More >>

Georgia appellate attorney Frank Lowrey joins Tim and Jeff to discuss Williams v. Harvey, a recent decision by the Georgia Supreme Court concerning preservation of error and motions in limine, in a June 2021 interview in episode 13 of the California Appellate Law Podcast. Frank notes the important nuances in rulings on motions in limine: a denial preserves the evidentiary objections...Read More >>

Counsel preparing for a trial involving expert witnesses need to keep two cases ready to hand: The first is Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747, which prohibits experts from giving wild-eyed speculations on lost profits. And the second is People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez), which prohibits parties from offering otherwise...Read More >>

In episode 11 of the California Appellate Law Podcast, TVA appellate attorney Tim Kowal discusses some recent cases with co-host Jeff Lewis in which state and federal appellate courts have found waivers and other errors made by attorneys and parties in the trial court. Like reading a high school yearbook, appellate decisions often capture attorneys...Read More >>

There is an important point of trial practice about filing dispositive motions in limine in Tung v. Chicago Title (D1d3 Apr. 28, 2021) no. A151526 (published). That point is: Don't. The same point is made about relying on nonstatutory motions for judgment on the pleadings. Finally, there is also an excellent tip for expediting an appeal of an...Read More >>

Facing an adverse judgment, considering a motion for new trial is a must. But beware: win or lose, the order on a motion for new trial can result in thorny procedural issues, both in the trial court and on appeal. A case in point. Contrares-Velazquez v. Family Health Centers of San Diego, Inc. (D4d1 Apr. 7, 2021)...Read More >>

About 3-4% of appeals are dismissed on technical grounds. But in addition to that, many more go through full briefing on the merits, but still ultimately fail on technical grounds. Here is an appellate effort that failed for purely technical reasons. Ghannoum v. Sevier (D2d2 Apr. 7, 2021) no. B304026 (unpublished). (The court also clearly was not excited...Read More >>

Covering the differences between California state and federal appeals on the California Appellate Law Podcast (available Tuesday, Mar. 30), co-hosts Jeff Lewis and I discussed with guest Cory Webster the importance of Federal Rules of Civil Procedure 50, governing motions for judgment as a matter of law made before submission to the jury and after judgment. If...Read More >>

Beware when filing new trial motions: if you are relying on it to extend your time to appeal, be mindful that it is heard within the statutory 75-day period. In Choochagi v. Barracuda Networks, Inc. (D6 Dec. 30, 2020) No. H045194, a jury returned a defense verdict for employer on employee's disability discrimination and wrongful termination claims....Read More >>

Posttrial motions are a procedural minefield. Today's example: whether you have 180 days to file your posttrial motion, or a mere 15 days, depends on the fine print in the clerk's notice of entry. The case is Simgel Co. v. Jaguar Land Rover N. Am. (D2d8 Oct. 1, 2020) No. B292458 (opens in new tab). It...Read More >>

The Prior Ruling Doctrine is yet another appellate trap for trial attorneys to consider when filing a motion for reconsideration. In Kerns v. CSE Insurance Group (2003) 106 Cal.App.4th 368, the First District reversed an order granting reconsideration of a prior judge's ruling, even though the motion was procedurally invalid. The court traced a split...Read More >>

TVA's Tim Kowal is a co-host of the California Appellate Law Podcast. In episode 5 we discuss California cases and procedures in impacting making and challenging peremptory challenges to jurors and motions for reconsideration. Appellate Specialist Jeff Lewis' biographyAppellate Specialist Tim Kowal's biographySign up for Tim Kowal’s Weekly Legal Update Cases and Laws mentioned in...Read More >>

TVA appellate attorney Tim Kowal publishes this weekly update of legal news for trial attorneys. You may subscribe by clicking here. If You Plan Ever to Make a Peremptory Challenge to a Juror Again, Read This Under AB 3070 now awaiting Gov. Newsom's signature, any peremptory challenge to a juror would be subject to objection...Read More >>

The judicial admission is a simple concept: when you take a position in a pleading, discovery response, or open court, you're stuck with it. But whenever you see such a plain and sensible rule, expect to find enough exceptions to fill a volume. For a while, things seemed to go all right. As recently as...Read More >>

Aman is handing out leaflets in the train station, an old Soviet joke has it, when he is stopped by an officer. Examining the leaflets, the officer discovers they are just blank pieces of paper. "What is the meaning of this?" the officer asks. "What is there to write?" the man replies. "It's so obvious!"...Read More >>