Chapter 6 - 6.11 Law Of The Case

• Jurisdiction: Virginia

6.11 LAW OF THE CASE

As with inaccurate jury instructions, erroneous rulings can become the law of the case if they were not challenged when the opportunity to do so existed.²³⁵ Even if an objection has been made at trial, it must be preserved on appeal as an assignment of error, or the appellate court cannot correct it.²³⁶ If the decision of the trial court is based on multiple stated grounds, an appellant must appeal on all of them or any objection to the unappealed alternative grounds is waived and they become the law of the case.²³⁷

Application of the law of the case doctrine also extends to "future stages of the same litigation."²³⁸ An unappealed trial court ruling becomes the law of the case on...