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Plain Error Review, Appeals

Appeals have their own set of rules and procedures. Generally, an appellate court will overturn a trial court’s decision only if there was some issue the trial court was made aware of and decided incorrectly. Appellate courts are reluctant and/or unable to overturn a trial court’s judgment on issues that were not before it. By way […]

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Jury Selection, Nondisclosure

One of the most important parts of a jury trial is voire dire (i.e., jury selection). The purpose of jury selection is to ensure that the jury that hears and decides the case is fair and impartial. To meet this objective, the Court and attorneys question jurors and have the ability to remove potential jurors who cannot […]

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Inadequate Jury Verdicts, Requests for New Trial

Even after a jury’s verdict is entered, a case may not be over. The Court may sometimes order a new trial. One basis for a new trial is if a jury verdict is inadequate based on the facts and circumstances of the case. A trial court’s decision to order a new trial based on a […]

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New Trial

You prosecute/defend a case by seeing it through the motion to dismiss stage, discovery phase, summary judgment and then all the way through trial. You may be concerned or focused on an appeal, but under certain circumstances a new trial may be possible. A trial court can grant a new trial upon showing that there […]

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