Monthly Archives: January 2010

Preservation of Error for Appellate Review

By William B. Cassel and Anneliese Wright[0]

Introduction

At the appellate level, there are numerous instances where the court is unable to reach the substantive merits of an issue because the assigned error is not preserved in the record.  The purpose of this article is to highlight the situations in which this commonly occurs and set forth the applicable procedure to preserve the error.  This article is by no means intended as an exhaustive guide, but is merely designed to illustrate some of the more common issues that have appeared in reported Nebraska decisions.  First, the article sets forth proper method of preserving the record, which is essential to preserving any error.  Second, it explains how to preserve particular errors–evidentiary, jury instruction, and other errors–for appellate review.  The third and final section sets forth the proper method of requesting the preparation of the record for appellate review.

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