Civil Procedure
Aug. 31, 2026
Avoiding two common errors on post-trial motions
Missed post-trial requirements can doom a challenge to an adverse verdict--and the appeal that follows. Counsel should know two procedural traps in federal and California courts.
Rex S. Heinke
Counsel
California Appellate Law Group
appellate law
Email: rex.heinke@calapplaw.com
Columbia University School of Law
Rex is one of the most accomplished appellate practitioners in California, and among the best in the nation. Twice named "California Lawyer of the Year," Rex has argued more than 150 appeals in federal and state courts across the country and is regularly called on to defend major corporations and high-profile individuals in some of their most hotly contested appellate matters.
I am an appellate lawyer. When there is a disappointing verdict, I am often asked to work on post-trial motions to try to correct the verdict before there is an appeal. Unfortunately, I often see errors on such motions that can be fatal to them and fatal on appeal.
It is not uncommon for such errors to lead to malpractice claims. This article discusses one such error in federal court and one such error in California state court, and how to avoid them s...
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