What is the burden of demonstrating error on appeal?

California, United States of America


The following excerpt is from Martin v. Hasadsri, F059166, No. 08C0232 (Cal. App. 2011):

Our first concern is with the adequacy of the record on appeal. A ruling by a trial court is presumed correct and ambiguities are resolved in favor of affirmance. The burden of demonstrating error rests upon the appellant. (Winograd v. American Broadcasting Co. (1998) 68 Cal.App.4th 624, 631-632.) The reviewing court will

Page 13

Other Questions


What is the burden of proving reversible error in a motion to appeal against a finding of error at the Court of Appeal? (California, United States of America)
When the error is that the error was not intentional, does the error result in the error not being corrected? (California, United States of America)
Is Page 5 of the Superior Court of Appeal bound by error and error in denying a certificate of probable cause to appeal? (California, United States of America)
What is the burden of proving error on appeal against the judgment of the Superior Court of Appeal? (California, United States of America)
What is the appellant's burden to affirmatively demonstrate error on appeal? (California, United States of America)
What is the burden of demonstrating error on appeal against a finding that the Department provided reasonable services to a minor? (California, United States of America)
What is the burden of demonstrating prejudicial error on appeal? (California, United States of America)
What is the burden of demonstrating error on appeal of a search and seizure of a cigarette butt? (California, United States of America)
In re-examining the findings of the Court of Appeal's error review, what are the consequences of the error where the error is cumulative? (California, United States of America)
Does the appellant have the burden of demonstrating prejudicial error in its factual findings? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.