Preserving the Record in 30 Minutes

What has to happen at trial for an issue to survive on appeal, and the objections most often lost by omission rather than by ruling.

Part 1 — Forfeiture, waiver, and objections

15 min
In production — Part 1

Part 2 — Offers of proof and post-trial preservation

15 min
In production — Part 2

Learning objectives

  • Recognize the trial-level steps required to preserve an issue
  • Identify common forfeiture traps in objections and offers of proof
  • Build a record that supports appellate review

Presented by Thomas Ogden, Esq., Certified Specialist in Appellate Law, State Bar of California. Self-study activity, Law Offices of Thomas Ogden, MCLE provider no. 19437.

About the presenter

Thomas Ogden

Thomas Ogden is a Certified Specialist in Appellate Law and in Taxation Law, certified by the State Bar of California Board of Legal Specialization, with more than 22 years in practice. His appellate practice is briefing and argument in civil and white-collar criminal appeals and writ proceedings before the California Courts of Appeal, the California Supreme Court, and the Ninth Circuit, with particular attention to the questions these activities cover: standards of review, preservation of error, appealability, and the record. Much of his work comes by referral from trial counsel who bring in appellate counsel at the post-trial stage, when the record is being settled and the issues framed. He served as a Tax Law Advisory Commissioner to the State Bar of California's Board of Legal Specialization. He is also a solicitor (currently non-practising) in England and Wales and in Ireland.

Credit opens when both parts are posted

This activity is in production. Once both videos are live, registration and certificates open here.