Saturday, October 24, 2020

New ABA practice guide

This Summer the ABA's Tort Trial and Insurance Practice Section published a new book on appellate practice, titled Preserving Appellate Complaints in Federal Court, which appears to be about record preservation. This title strikes the appellate-ear as odd: Do appellate lawyers call issues to be raised on appeal "complaints"? No, that doesn't sound right at all. Here's a description from the book's webpage:

For civil trial and civil appellate lawyers who practice in federal court, this book sets out the rules for preserving complaints on appeal. Authors focus on opinions from United States courts of appeals with citations from all circuits. Appendices include an invaluable checklist of preservation items with tools to help make additional and jurisdiction-specific research fast and convenient.
Trial lawyers often must make split-second decisions and judgment calls that do not follow all the procedural steps required to ensure presentation of an issue on appeal. Focusing on the preservation of appellate complaints in federal trial courts, this book helps civil trial and civil appellate lawyers take the right steps to ensure preservation of appellate complaints.

This guide sets out the rules for preserving complaints on appeal, beginning with a general approach to preservation rules. Chapters address pre-trial, trial, and post-trial preservation issues, as well as handling objections to a magistrate's ruling or recommendation. The book's focus on opinions from United States courts of appeals with citations from all circuits. Invaluable appendices make this an essential volume for lawyers who need to preserve complaints on appeal.