Oct. 2, 2014
You can't raise new legal theories on appeal... usually
One rule of appellate practice is that an appellant must adhere to the theory of the case that was presented in the trial court and may not raise a new legal theory for the first time on appeal. By Margaret M. Grignon and David J. De Jesus
David J. de Jesus
Counsel
Reed Smith LLP
101 2nd St Ste 1800
San Francisco , CA 94105
Phone: (415) 543-8700
Fax: (415) 391-8269
Email: ddejesus@reedsmith.com
Loyola Law School; Los Angeles CA
David is in the firm's Appellate Group, resident in San Francisco office. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
One of the most prominent and longstanding rules of appellate practice is that an appellant must adhere to the theory of the case that was presented in the trial court and may not raise a new legal theory for the first time on appeal. This prohibition is largely why appellate practitioners preach the vital importance of argument preservation until they turn blue in the face. But practitioners might be surprised to lea...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In