Perspective
Jul. 11, 2013
Creating records to win appeals
A recent case underscores the importance of creating a good record at trial to provide the foundation to win an appeal. By James Martin and Kasey Curtis
Trial courts are given wide latitude when it comes to trial management. Perhaps nowhere is this more evident than with motions to amend the complaint to "conform to proof at trial" under Code of Civil Procedure Section 469. Eleventh-hour changes in theories of recovery or claims routinely are tolerated as proper exercises of discretion by trial courts. Experienced appellate counsel know, therefore, that a trial court'...
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