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1/8/2009
Preservation of Error: Objections, Issues Must Be Timely Raised

Attorneys:
Harry Steinberg

The New York Law Journal has published an article by Lester Schwab Katz & Dwyer, LLP, member Harry Steinberg entitled "Preservation of Error: Objections, Issues Must Be Timely Raised." The article explores the rule that issues to be presented on appeal must have been fully raised and argued in the trial court to be properly preserved for appellate review; how issues are preserved for appeal; which issues must be preserved for appeal; the technical aspects of the preservation rule; how and when the failure to preserve may be used defensively to defeat an appeal; exceptions to the preservation rule; and how the appellate courts apply the rule. Harry Steinberg is a member of Lester Schwab's Appellate Practice Unit. Copies of the article may be obtained from, and questions may be addressed to, him via the Lester Schwab website.


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