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The California Appellate Law Podcast

What the heck is a protective cross-appeal, anyway?

Tim Kowal     April 21, 2023

“One more thing,” the appellate attorney darkly muses. “Be ready to file a protective cross-appeal.”

Wait, what? What the heck is that? Is this just one more way we appellate specialists try to get added to trial attorneys’ speed-dial?

Here a 3-minute explainer. Basically, just remember: if you lost a verdict but won a JNOV, think protective cross-appeal—because if you lose the JNOV, then you’re back to challenging that nasty verdict again.

Watch the clip here.

This is a clip from episode 78 of the California Appellate Law Podcast. Listen to the full episode here.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
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"Counsel on the firing line in an actual trial must be prepared for surprises, including requests for amendments of pleading. They cannot ask that a judgment afterwards obtained be set aside merely because their equilibrium was slightly disturbed by an unexpected motion."

Posz v. Burchell (1962) 209 Cal.App.2d 324, 334

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— Roscoe Pound, An Introduction to the Philosophy of Law

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