Appellate Practice
May 15, 2013
Statutorily imposed review standard would be a state first
Assembly Bill 715 would establish that evidentiary decisions made at summary judgment would be subject to de novo review on appeal. By David J. Wilson
Never before has the state Legislature chosen a standard of appellate review. Choosing the standard of review on appeal from a trial court decision has been the province of courts throughout the history of the common law. Assembly Bill 715, sponsored by the Consumer Attorneys of California, would break with that history by establishing that evidentiary decisions made at summary judgment would be subject to de novo review on appeal.
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