Preserving Trial Errors for Appeal – How to Get it Right

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

Winning an appeal requires more than just showing error in the trial court.

In most cases, the error must have been ¨preserved¨ for appeal, by taking some action, such as raising a timely, proper objection, making an offer of proof, a specific request or motion.

Failure to preserve the error properly can doom an appeal from even the clearest error.

Long time appellate attorney, 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.

This program was recorded in 2015.

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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


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: $169

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 1.5 units of general CLE in California.

CA Certified Legal Specialist:  This program is approved for 1.5 units of Certified Legal Specialist CLE in California in Appellate Law.

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


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.

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.

$169.00 each

Recorded in 2015.