Preservation Rules in the Federal Courts of Appeals

Journal of Appellate Practice and Process, 2016 Forthcoming

23 Pages Posted: 25 Feb 2015

See all articles by Ian S. Speir

Ian S. Speir

University of Colorado, Colorado Springs

Nima H. Mohebbi

Independent

Date Written: February 1, 2015

Abstract

Preservation rules are a key component of every advocate’s toolkit, both at trial and on appeal. This article surveys preservation rules in the federal appellate courts, focusing in particular on the Tenth Circuit. We examine the related doctrines of waiver, forfeiture, and plain error; the legal contexts in which these doctrines have unique application; and the relationship of preservation rules to appellate briefing. This article has a twofold purpose. First, it brings together the disparate rules governing preservation to provide practical assistance to both trial and appellate advocates. Second, it examines the deeper, policy considerations at play when preservation rules are implicated. Advocates must know the reasons behind the rules, and the competing values they serve, to craft effective preservation arguments.

Keywords: appeals, appellate, preservation, plain error, waiver, forfeiture, litigation, process, practice

Suggested Citation

Speir, Ian S. and Mohebbi, Nima H., Preservation Rules in the Federal Courts of Appeals (February 1, 2015). Journal of Appellate Practice and Process, 2016 Forthcoming, Available at SSRN: https://ssrn.com/abstract=2568692

Ian S. Speir (Contact Author)

University of Colorado, Colorado Springs ( email )

1420 Austin Bluffs Parkway
Colorado Springs, CO 80918-7150
United States

Nima H. Mohebbi

Independent ( email )

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