Trials May Be Vanishing, But Post-Trial Appellate Issues Still Abound

Much has been written about the vanishing trial in the last decade.1 But even if infrequent, trials are one of the most fertile birthplaces for appellate issues. In the last of this series on the four stages of a case when appellate issues arise—the pleading stage, the discovery stage, the dispositive motion stage, and at trial—I discuss key appellate issues that arise at and after trial, and the successful litigator’s resulting “do’s and don’ts” list to preserve those issues for appeal.