Preserving an Issue for Appeal

The trial is the point at which the evidence gets evaluated and one version of the evidence is accepted as fact. The way the evidence is evaluated can be challenged later on appeal, as can the way the law was applied. But in order to make that challenge on appeal, you have to do what’s called “preserving the issue for appeal.” This is done by making statements during the trial, pointing out that there’s a problem with the way the law is being applied or the way the evidence is being evaluated. This is to give the trial court a chance to make corrections on its own and possibly avoid the appeal altogether. There are three main components of preserving an issue for appeal: making an objection, making a timely objection, ...

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