Perspective
Mar. 31, 2015
How to preserve instructional errors
If properly preserved, an instructional error can easily result in a new trial. But preservation is not automatic. By Scott A. Chesin and Alex O. Kardon
Instructional error - failure to give a requested instruction, or giving an incorrect instruction - is one of the most common types of error raised on appeal after a jury verdict. If properly preserved, such an error can easily result in a new trial. But preservation is not automatic: California courts often find that claims of instructional error were waived at trial. To avoid waiver, here are some rules and tips to keep in...
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