In litigation, ‘wait and see’ is not a strategy. Should a trial judge enter an erroneous adverse ruling that prejudicially affects your client, you should have a ready plan and be prepared to implement it immediately to preserve an appellate challenge. This need for quick action arises because, with limited exceptions, appellate courts will not consider issues raised for the first time on appeal. We will tackle the steps required to preserve state court error for appellate review and identify some contexts that call for attention and scrutiny at the trial level.
