§46.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§46.8STRATEGIC AND PRACTICAL CONSIDERATIONS

CR 46 sets forth the procedures that must be followed for a party to preserve the record for an appeal. The term "record" in this context is a technical one. A record consists of (1) a "report of proceedings," (2) "clerk's papers," and (3) exhibits. RAP 9.1. Lawyers frequently forget that not everything that takes place in a courtroom or before a judge is part of the record. Unless a court reporter or a camera is recording the discussion, court proceedings are not "on the record."

Practice Tip: Do not assume that, because a camera or a court reporter is in the courtroom, the proceedings are being recorded. Many courts have specific rules regarding use of reporters, and the large metropolitan areas have even moved to electronic courtrooms Generally, the quality of the record in such courtrooms will be inferior to one where a court reporter records the proceedings. In cases likely headed for appeal, consider requesting a court reporter or hire you own to record the proceedings. Check the local rules and contact the court before trial to determine the procedures in place. Also, remember to place side bar conferences and chamber conferences on the record at the first opportunity.

All objections and arguments must be made in a timely fashion to allow the trial court an opportunity to correct the error. The most frequent cause of untimely objections is lack of preparation on the part of trial counsel. Proper preparation before the hearing is necessary so that counsel may anticipate the need to object.

Practice Tip: Motions in limine are effective tools

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