Law Practice,
California Courts of Appeal,
Appellate Practice
Sep. 4, 2018
Did you notice that this fact was not in the record on appeal?
An appellate court's review is generally cabined by the universe of facts that were "before the trial court for its consideration." You might notice some extra MCLE credit learning about a few exceptions to that rule.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
EXCEPTIONALLY APPEALING
Did you notice that this fact was not in the record on appeal?
Lawyering requires two key ingredients, facts and law. And the world of litigation starkly delineates the realms where each predominates. The shorthand phrasing of this general rule is that trials focus on the facts whereas appeals focus on the law.
The U.S. Supreme Court has put it like t...
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