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Understanding How To Properly Preserve a Record at Trial For An Appeal Is Essential

Generally, an appeal is made to a higher court regarding a lower court’s decision. However, unlike trial court, which has testimony from witnesses and admission of exhibits, in the appellate court, your record is already set. That is, the trial attorney sets the record during the trial, and it is that trial record that is used by the appellate court in determining whether or not to affirm or reverse and/or remand the trial court’s decision. You are generally not allowed to present evidence in the appellate court that was not admitted into evidence at trial court. Therefore, it is essential that the record at trial is properly preserved for an appeal. Spangler and de Stefano, PLLP’s attorneys are experienced litigators and appellate attorneys. As a result, our attorneys understand how to set a record at trial for purposes of preserving the record properly on appeal.

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Providing Results for Our Clients:

A successful appeal first starts at the litigation level. In other words, your litigation attorney has to understand during the trial how to properly preserve issues for appeal and how to protect the record in an appeal. The time to make certain that the issues are preserved and the record is set is prior to the trial starting. An experienced attorney, such as the attorneys at Spangler and de Stefano, PLLP, knows how important it is to try a case as if every case is going to be appealed. That is important because while some clients know that an adverse decision means that they will appeal a decision, other clients do not want to think about or have not decided whether or not they will appeal a case. Since there are no guarantees that a case will be appealed, if the issues are not preserved correctly and the record is not properly set at trial, and then a party decides to appeal a decision, changes of prevailing on an appeal if you are the party with the adverse decision is greatly reduced. As a result, retaining experienced litigation attorneys who also understand appeals is essential, especially if an adverse decision gets appealed.

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