Justia Connect Webinars Appeal Killers: Mistakes Litigators Make at Trial That Weaken Their Case on Appeal

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Overview AI Webinar Summary

Appeal Killers: Mistakes Litigators Make at Trial That Weaken Their Case on Appeal

Are you a trial lawyer, seeking to increase your chances on appeal? It’s important to think ahead about key issues while you’re still in the trial court. Appellate attorney Johanna Schiavoni will discuss procedural traps she frequently sees litigators and trial lawyers fall into, how those mistakes can end up fatally undermining otherwise meritorious appeals, and practice tips to avoid making appeal-killing mistakes.

Topics covered include:

Trial Skills Law Practice

Agenda:

Introductory Overview

The importance of preparing and preserving a case for appeal while in the trial court

Pitfalls in Preserving the Record

Frequent record-preservation issues

Pre-Trial Errors

Certain issues/orders that must be challenged by interlocutory appeal or writ petition
Strategic considerations regarding interlocutory or writ review
Mistakes with pretrial motions, including motions for summary judgment/adjudication or in limine motions

Trial Errors

Objections at trial
Exhibits/offers of proof
Verdict forms
Jury instructions and objections

Bench Trials, Differences, and Peculiarities

Mistakes With Post-Trial Motions

Preserving the right to raise certain motions
Timing and scope of post-trial motions

Closing Thoughts

The importance of a timely notice of appeal – comparative deadlines
Ways that working with an appellate lawyer can enhance a trial lawyer’s case and preparation at any stage

Questions & Answers (As Time Permits)

Duration of this webinar: 60 minutes

Originally broadcast: June 24, 2026 12:00 PM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Transcripts of Trial Proceedings

Johanna Schiavoni, the speaker, highlights the importance of having a complete transcript of all trial proceedings for potential appeals. She warns against the common mistake of not recording off-the-record discussions, such as those about jury instructions. Ensuring that video depositions and other evidence are properly transcribed and included in the record is crucial.

08:29 Timing of Appeals and Summary Judgment Errors

Johanna emphasizes the need to challenge certain orders immediately, such as those involving injunctions or class certifications. The Ninth Circuit's recent changes to anti-SLAPP appealability are highlighted as an evolving legal area. Johanna also discusses procedural errors at summary judgment, stressing the need for well-prepared statements of disputed facts. The denial of qualified immunity at summary judgment is noted as an exception that is immediately appealable.

21:22 Objections and Preserving Evidence

Johanna highlights the need for clear rulings on objections and the importance of motions to strike or for mistrial if necessary. She warns against forgetting to offer admitted exhibits into evidence. She discusses the necessity of making offers of proof for excluded evidence to argue prejudice on appeal.

26:16 Verdict Forms and Jury Instructions

Johanna discusses the importance of carefully considering verdict forms to avoid appeal issues. She explains the strategic implications of choosing between general and special verdict forms. Mistakes in verdict forms, such as inconsistent questions, can lead to appeal difficulties. Johanna highlights the importance of strategizing for jury instructions and objecting to opposing instructions. She notes the procedural requirements for requesting a statement of decision after a bench trial.

38:39 Post-Trial Motions and AI Considerations

Johanna emphasizes the necessity of making a Rule 50 motion for judgment as a matter of law before jury submission. She discusses the strategic considerations of post-trial motions and their role in preserving appeal issues. She explains the need to litigate certain issues, like damages or juror misconduct, in post-trial motions for appeal preservation. Johanna warns against relying solely on AI for legal research and drafting. She advises against using AI-generated summaries as a substitute for thorough record review.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Johanna Schiavoni Appellate Counsel
Complex Appellate Litigation Group LLP

Johanna Schiavoni is a certified specialist in appellate law, admitted in California, New York, and federal appellate courts around the country. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: June 23, 2031

California CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: June 30, 2028

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: June 23, 2028

Illinois CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: June 23, 2028

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 General

Earn Credit Until: June 23, 2027

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: June 23, 2028

Texas CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: May 31, 2027

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Earn Credit Until: June 24, 2031

West Virginia CLE

Status: Approved

Format: On-Demand

Credits: 1.20 General

Earn Credit Until: December 31, 2029

This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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