florida motion for reconsideration sample

Florida motion for reconsideration sample code#
Florida motion for reconsideration sample trial#

The classic failure to preserve the record is not making appropriate objections, particularly regarding the admission and exclusion of evidence. It is also helpful, but not essential, for the court reporter to transcribe the in limine hearing. One important caution: even the best motions in limine may fail to preserve the record if they are not filed with the court or made the subject of a specific ruling. (1978) 79 Cal.App.3d 325, 337, the purpose of a motion in limine 'is to avoid the obviously futile attempt to 'unring the bell' in the event a motion to strike is granted in the proceedings before the jury.' They also avoid the sometimes difficult decision of foregoing an argument-even a good argument-for fear of annoying the judge or alienating a jury. Why? Because they are directed to specific issues, in writing, and unambiguously draw issues to the court's attention for decision. In addition to their potential for shaping the conduct of a trial, motions in limine are also an excellent way of preserving the record for appeal.

Florida motion for reconsideration sample trial#

On the other hand, while the statute also requires the trial court to specify its reasons for granting or denying a motion for summary judgment, the trial court's failure to do so is usually harmless error.

Florida motion for reconsideration sample code#

And, even more fundamentally, recent case law holds that Code of Civil Procedure section 437c requires the trial court to hold a hearing on the summary judgment motion the court of appeal will reverse a summary judgment entered without a hearing. Remember also that unless objections to opposing evidence are made at or before the summary judgment hearing, they are waived. The trial court had applied the new legal theory to an undisputed material fact put in issue by the parties' separate statement of undisputed material facts. County of Sacramento (1993) 12 Cal.App.4th 59, 68-69, the court upheld the trial court's grant of summary judgment on a ground not specifically tendered by the moving party but rather identified by the trial court. (1987) 194 Cal.App.3d 1214, 1223, the Court upheld a summary judgment on a ground offered for the first time on appeal where the opposing party had an opportunity to present evidence on a factual issue but failed to do so. The comprehensiveness of the separate statement is important to record preservation because the court of appeal will affirm a summary judgment if it is correct on any legal theory, not just the legal theory relied on by the trial court (or even necessarily the legal theories raised by the parties in the trial court). Importantly, it is not sufficient simply to file or lodge the evidence and cite to it in the memorandum of points and authorities. In preparing a motion for summary judgment, remember the cardinal rule that if evidence is not in the separate statement, it does not exist. Motions for summary judgment can be especially tricky and present several opportunities for making big mistakes. Here, too, record preservation issues abound. Most civil cases never make it to trial but are decided on motion for summary judgment or other pretrial motion. 1: Ignoring record preservation at the motion stage (particularly summary judgment) Nonetheless, many good appeals have been lost because of counsel's failure to preserve the record. And some issues, particularly pure questions of law, can usually be considered on appeal even if not raised below. Reviewing courts also have considerable leeway deciding to 'save' an argument that was arguably waived.

Fortunately, unlike the need to file a timely notice of appeal, record preservation is not jurisdictional.

The four saddest words from the Court of Appeal are these: 'Great argument not preserved.' Alas, even the sharpest legal mind and best honed rhetoric cannot resurrect a terrific argument that was not properly preserved for appellate review. PRESERVING THE RECORD FOR APPEAL: TOP TEN MISTAKES