How have courts dealt with challenges to procedures in civil litigation?
California, United States of America
The following excerpt is from People v. Johnson, 247 Cal.Rptr.3d 1, 35 Cal.App.5th 134 (Cal. App. 2019):
People v. Black (2007) 41 Cal.4th 799, 810, 62 Cal.Rptr.3d 569, 161 P.3d 1130 ["We long have applied the rule that although challenges to procedures ... normally are forfeited unless timely raised in the trial court, this is not so when the pertinent law later changed so unforeseeably that it is unreasonable to expect trial counsel to have anticipated the change. "].)
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