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

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

On Sale now! Only $169

(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

This program is available for both Self-Study and General Participatory CLE.*

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

Certified Legal Specialist CA Self Study (only):  This program is approved for 2.0 hours of Legal Specialization Credit in Appellate Law. (Expires 08/14/2023).  

*General Participatory CLE:  For those states that make a distinction between self-study and Participatory CLE (CA, IL, NY), please write down the Verification Codes read out during the program by speakers or our announcer and email them to us at and we will issue your Participatory CLE certificate.

Self-Study CLE certificates are already included in your recorded package, in the “Materials” Folder. 

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

$249.00 $169.00 each

Recorded in 2018.