Is a failure to raise a point in the trial court a waiver?

California, United States of America


The following excerpt is from Faulk v. Goldberg (In re Marriage of Goldberg), B292771 (Cal. App. 2020):

"As a general rule, failure to raise a point in the trial court constitutes . . . waiver and appellant is estopped to raise that objection on appeal." (Redevelopment Agency v. City of Berkeley (1978) 80 Cal.App.3d 158, 167.) "And whether the general rule shall be applied is largely a question of the appellate court's discretion." (Ibid.)

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
Can a party who fails to raise issues before the trial court raise new issues on appeal? (California, United States of America)
How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)
What is the duty of a trial court to instruct a jury on the general principles of law relevant to the issues raised by the trial? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
How has the trial court treated the waiver of a defendant's right to stand trial by jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.