What should lawyers do to make sure they preserve the issue properly for appeal?
Minneapolis, MN appellate lawyer Kay Nord Hunt talks about what lawyers can do to preserve the issue properly for an appeal.
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What the lawyers should do is make sure that the objection is made at the trial court level during trial. They should make sure that it was made on the record, meaning that it is recorded in the transcript. They should make sure that the theory that they want to raise on appeal is being presented to the trial court for ruling. They want to make sure that when they have made the objection that they preserve it by the proper post-trial motion, which is usually a motion for a new trial. And if it’s a bench trial where there are findings of fact and conclusions of law, they want to make sure that any findings that may be missing that they believe the trial court should have made, that they go back and make that motion, requesting that the trial court make that specific finding.