What is the test for an appellant to make it affirmatively appear that error was committed by the trial court?

California, United States of America


The following excerpt is from Rostam v. Rostam (In re Marriage of Rostam), F077944 (Cal. App. 2020):

"It is incumbent upon an appellant to make it affirmatively appear that error was committed by the trial court." (Richard v. Richard (1954) 123 Cal.App.2d 900, 902.) An appellant must comply with the rules requiring the appellant's brief to summarize points under appropriate headings in order to facilitate disposition of cases on appeal and direct the court's attention to specific errors of law the appellant contends were committed by

Page 3

Other Questions


What is the burden on an appellant to affirmatively show that error was committed by the trial court? (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)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its deductions for those of the trial court? (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 Court of Appeal in Ontario dealt with appellant's claim that he was prejudiced by the error-strewn trial court? (California, United States of America)
Does a defendant have to contend on appeal that the trial court committed error by failing to provide adequate notice of the evidence at trial? (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)
How have courts dealt with errors and misconduct committed by the trial court and the prosecutor? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.