Appellate Practice
Jun. 29, 2026
Use it or lose it: How trial court forfeitures can doom an appeal
Preserving issues in the trial court is often the key to preserving arguments on appeal. Trial lawyers who understand forfeiture doctrines can better position their cases for appellate success.
Robert A. Roth
Partner
Complex Appellate Litigation Group
Certified Appellate Specialist
Email: robert.roth@calg.com
Robert has decades of experience primarily handling family law appeals.
One of the first questions appellate lawyers ask when discussing a case with a trial lawyer is, "Was the issue preserved below?" The answer often determines what, if any, arguments are available on appeal. The Court of Appeal is an error-correcting court, but a trial court cannot make an error unless given an opportunity to rule on an argument in the first place. Appellate courts thus apply a set of forfeiture doctrines that protect their role as a court of review.
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