There is Still a Chance: Raising Unpreserved Arguments on Appeal Out of Stock
CBA-CLE Legal Connection Program
Quantity
JUNE 2014
There is Still a Chance: Raising Unpreserved Arguments on Appeal
Program Description:
Generally, Colorado appellate courts will not address contentions that were not raised and ruled on in the trial court, but sometimes they do. This program will discuss how an attorney may successfully raise an unpreserved argument on appeal.
First and foremost, preservation of arguments is perhaps one of the most important components to a successful appeal. It is so important that the Colorado appellate courts require a separate statement in briefs of the precise location in the record where each argument was raised and ruled on. The program will briefly discuss the most common pitfalls for trial practitioners in preserving issues for appeal.
Sometimes, though, a practitioner discovers a potentially winning argument in a civil case that was not preserved in the trial court. This program reviews some of the options available to an attorney who faces that situation in the Colorado appellate courts. Participants will learn how to defend judgments with unpreserved alternative arguments, how the general rule of preservation actually rests on various specific rules that may not apply in all situations, and how the appellate courts exercise discretion to address unpreserved errors appearing of record.
Topics include:
- Preserving Arguments for Appeal
- Defending the Judgment Below on Alternative Grounds
- Attacking the Judgment Below Under a “Specific Rules” Theory
- Invoking the Discretion of the Court to Notice Unpreserved Errors
Presented by John Bowlin, Esq., Davis Graham & Stubbs LLP
CBA CLE Legal Connection: Keeping Attorneys Up-to-Date on the Latest, Critical News and Issues Through:
- Timely CLE programs that address issues of the day
Agenda:
11:30 am - 12:00 pm
Registration
12:00 pm - 1:00 pm
Program
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $59.00 USD
- Member Price $39.00 USD
- General Credits 1.00
- Ethics Credits 0.00
- EDI Credits