Can an appellant waive his right to attack error by expressly or impliedly agreeing to the ruling or procedure objected to on appeal?

California, United States of America


The following excerpt is from Alcala v. City of L.A., B275387 (Cal. App. 2020):

" '[A]n appellant may waive his right to attack error by expressly or impliedly agreeing at trial to the ruling or procedure objected to on appeal.' [Citations.] There is nothing shocking about [this] rule[]. [It is] consistent with the adversary system's appreciation that lawyers in civil litigation must be given adequate breathing room to select whatever trial strategies they deem appropriate. Absent the need for the same constitutional protections afforded to defendants in criminal cases, there is considerable judicial deference to attorney creativity in civil cases. Admittedly the results of such creativity can be mixed with the lawyer and his or her client being rewarded in some cases and not in others. Nonetheless our adversary system requires that we allow counsel the right to maximize the use of his or her trial skills so that the fairness of the result will not be questioned because the court curtailed the lawyer's role." (Mesecher v. County of San Diego (1992) 9 Cal.App.4th 1677,

Page 16

Other Questions


Can an appellant waive his right to attack error by agreeing at trial to the ruling or procedure objected to on appeal? (California, United States of America)
What is the test for an appellant who waives his right to attack error on appeal? (California, United States of America)
Does a defendant have to waive his right to a jury to appeal his conviction on appeal of a jury selection error? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Does appellant waive the issue of instructional error on appeal because she did not object to the instruction in the trial court? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
In what circumstances can an appellant waive his right to attack error at trial? (California, United States of America)
Does a defendant's failure to object to fees imposed pursuant to section 1203.1b waive the right to appeal on appeal? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
Does a failure to object to the prosecutor's closing argument at trial waive the right to object on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.