Appellate Practice
Aug. 3, 2000
Waiver Worries
By Kathy M. Banke and Lisa M. Baird. Appellate Law - Waiver Worries Failure to Make the Record Can Be a Trap for Unwary. Two recent cases provide cautionary tales for practitioners regarding the perils of issue preservation.
By Kathy M. Banke and Lisa M. Baird
Waiver is not merely a means to clear appellate-court dockets. The refusal of reviewing courts to consider issues because of an inadequate objection or record enforces fundamental fairness and full disclosure in the trial court.
As one court has explained, "[A]ny other rule would permit a party to play fast and loose...
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