The Virtual Raise It or Waive It: Preserving an Accurate Appellate Record of Remote Trial Court Proceedings

Making an accurate record and adequately preserving issues in the trial court are critical elements for a properly presented appeal. McDonald Carano attorneys Adam Hosmer-Henner and Chelsea Latino authored an article in Nevada Lawyer explaining that this process is complicated enough when there is not a public health crisis and court business is conducted in person as usual. However, creating and preserving an accurate appellate record is particularly difficult in the wake of the COVID-19 pandemic and widespread virtual proceedings.

As Adam and Chelsea explain, remote hearings and trials can present unforeseen complications so it can no longer be assumed that the record on appeal will accurately reflect the trial court proceedings. In addition to analyzing the record for appealable issues, appellate practitioners and trial counsel must now analyze the record to evaluate the record itself. Records on appeal require closer scrutiny than ever before.

Please click here to read the complete article titled “The Virtual Raise It or Waive It: Preserving an Accurate Appellate Record of Remote Trial Court Proceedings.” Please click here for information about McDonald Carano’s Appellate Law Practice Group.


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