What is the burden of proving error on an appeal?

California, United States of America


The following excerpt is from People v. Mani, A155621 (Cal. App. 2019):

" 'A judgment or order of the lower court is presumed correct.' " (Denham v. Superior Court (1970) 2 Cal.3d 557, 564, italics omitted.) "The burden of affirmatively demonstrating error is on the appellant. This is a general principle of appellate practice

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as well as an ingredient of the constitutional doctrine of reversible error." (Fundamental Investment etc. Realty Fund v. Gradow (1994) 28 Cal.App.4th 966, 971.) An appellant is required to "[s]tate each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority[.]" (Cal. Rules of Court, rule 8.204(a)(1)(B).) "To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. [Citations.] When a point is asserted without argument and authority for the proposition, 'it is deemed to be without foundation and requires no discussion by the reviewing court.' [Citations.] Hence, conclusory claims of error will fail." (In re S.C. (2006) 138 Cal.App.4th 396, 408.)

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