Summary

• Jurisdiction: Washington

Chapter Details

Summary

§11.1	Introduction and Scope
§11.2	The General Rule: the Appellate Courts Will Not Usually Consider Errors Raised for the First Time on Review
	(1) Policy Basis for The General Rule (2) When An Appellate Court Must Review A New Issue (3) New Issue Versus New Authority
§11.3	Rule-Based Exceptions to The General Rule
	(1) Lack of Trial Court Jurisdiction (2) Failure to Establish Facts Upon Which Relief Can Be Granted (3) Manifest Error Affecting A Constitutional Right (a) Criminal Cases (b) Civil Cases (4) Lack of Appellate Court Jurisdiction (5) Errors Prejudicial to Respondent on Remand
§11.4	Case Law Exceptions to The General Rule
	(1) Application of Statute or Court Rule (2) Right to Maintain Action (3) Matters Affecting Juveniles (4) "Fundamental Justice" (5) Change in the Law During the Pendency of the Appeal (6) Special Considerations in Capital Cases (7) Issues Relating to Trial on Remand (8) Issues of General Application or Broad Public Interest (9) Issues Raised on The Court's Own Initiative (10) Issues Raised by Amicus Curiae
§11.5	Related Doctrines
	(1) Invited Error and Tactical Waiver (2) Preclusion of Inconsistent Positions (3) Affirmance on Other Grounds (4) Errors Raised Late in The Appellate Process
§11.6	How to Preserve Error in The Trial Court
	(1) Objections in The Trial Court Must Be Timely (2) Importance of Making A Record of What Happened in The Trial Court (a) Conferences in Chambers or at Sidebar (b) Decisions on Motions (c) Events Occurring "Between the Lines" (d) Taking Additional Evidence Under RAP 9. 11 (e) Agreed or Narrative Report of Proceedings (f) Adequacy of Trial Court Record versus Adequacy of Record on Review (3) Mitigation of Harm as Prerequisite to Review
§11.7	Particular Applications of The General Rule and Its Exceptions
	(1) Admission and Exclusion of Evidence (a) Erroneous Admission of Evidence (i) Timeliness of Objection or Motion to Strike (ii) Sufficiency of Objection or Motion to Strike (iii) Evidence Admissible for Only a Limited Purpose; Limiting Instructions (iv) Applicability to Motions for Summary Judgment

...