Preserving Trial Errors for Appeal – Recorded Webinar Package (California)

Audio program! (check our CLE Programs page for live versions)

Whether you are a trial attorney or an appellate attorney, it is critical to know how to properly preserve your record for appeal. Failure to preserve an error correctly can doom an appeal – even when the error is quite clear.

We hold a lot of appellate programs here at Pincus and one of the things appellate attorneys tell us is about how frequently errors are not preserved on appeal.

If you take this webinar, you will not make that mistake again.

Long time appellate attorney and former Chair of the Sacramento Bar Appellate Committee, Jay Allen Eisen, will walk you through the right steps needed to preserve error and past the traps and pitfalls that can mean loss of an appeal, no matter how strong a case you may have on the merits. You will learn about raising a timely and proper objection, making an offer of proof, making a specific request and submitting motions, among other things.

This program covers California law only and includes an extensive, detailed outline with case cites and instruction.

Jay taught this course a few years ago and the attendees raved about it when speaking with us.


This program was recorded on August 14-16, 2018.


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What You Will Learn

    • What must be in initial pleadings
    • Necessary steps in making and responding to
      • Demurrers, motions to strike, motions for judgment on the pleadings
      • Motions for summary judgment and summary adjudication
    • Disqualification of a judge
      • For cause
      • Peremptory
    • Motions in limine
    • Motion to reconsider or renewed motion
    • Jury instructions
      • Form and content of special instructions
      • Common errors
      • Preserving record of instructional requests and rulings
    • Jury selection
    • Evidentiary and other objections: make ‘em or lose ‘em.
    • Making a proper offer of proof
    • Getting exhibits in the record
    • Dealing with misconduct of counsel, judge or jury
    • Verdict
    • Statement of decision
      • Appellant´s need for statement of decision
      • Proper procedure to obtain a statement of decision
      • Common errors in requesting a statement of decision
    • Obtaining the judgment in jury and bench trials
    • Post-trial motions: similarities, differences and correct uses and procedures
      • New trial motion
      • Motion to vacate judgment and enter different judgment.
      • Motion for Judgment Notwithstanding Verdict (JNOV)
    • Relief from default
    • Appealable judgments and orders
    • Procedure to appeal


“I have utilized all of the service providers that I noted in the survey and truly felt I received great service from each. My favorite continuing legal education seminar provider, Pincus Professional Education is particularly noteworthy though. I have attended about five Pincus seminars. Each was phenomenally packed with useful content and had presenters/speakers of the highest skill level. I would unhesitatingly recommend Pincus to other lawyers and am already planning my next couple of seminars with this CLE provider.” – Quote from The Recorder’s ‘Best of CA 2013′ survey.

“It’s not merely about getting in the required CLE hours. The content of the seminar that I took impressed me and sold me on your programs. It’s very easy to get the hours. Getting something of substance that is beneficial is different. I’m proud to say that this is what separates you from the competition.” – Jerry Szymanski, Esq.


Jay-Allen Eisen, Esq.
Outside Counsel
Downey Brand LLP

Jay-Allen Eisen is regarded as one of California’s top appellate attorneys. He has been counsel in more than 300 appeals and appellate writs, over 120 of which have resulted in published, precedent decisions.

Jay-Allen was one of the first Appellate Law Specialists certified by the State Bar of California, Board of Legal Specialization. He has prosecuted and defended civil appeals, writs, and motions in a wide range of civic appeals including business litigation, professional licensing, probate, environmental law, constitutional law, administrative law, real property, and family law.

Jay-Allen Eisen is a Fellow of the American Academy of Appellate Lawyers and a Past President of the California Academy of Appellate Attorneys. He has been listed in The Best Lawyers in America©, U.S. News Best Lawyers® and Northern California Super Lawyers every year since each publication began listing appellate attorneys. He has the highest rating, AV® Preeminent™, from Martindale-Hubbell. In 2010 he was awarded the Jim Pfeiffer Award for outstanding service to the legal profession from the Conference of California Bar Associations. 


Audio Course and Materials Package – Download or CD: $249

(this includes an extensive, detailed outline provided by the faculty)

CDs: plus $8.50 shipping and, in CA, sales tax.


Please note: Our recorded webinars are self-study only. Participatory credits are not available for this program.

CLE Credit

CA General: This program is approved for 2.0 units of general CLE in California.

CA Certified Legal Specialist: This program is approved for 2.0 units of Certified Legal Specialist CLE in Appellate Law in California.

Please note: Our recorded webinars are self-study only. Participatory credits are not available for this program.

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $8.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

$249.00 each

Recorded in 2018.