Not only does it "sometimes" happen, under the law of many states such a motion may be required in order to preserve certain issues for appeal. In other words, your state law may require that certain arguments or requests be submitted to the trial judge in the form of a motion so that the judge has an opportunity to consider and rule upon the isse, and if the trial judge has not been given that opportunity then the argument cannot be raised on appeal.
Rules governing the preservation of error vary widely from state to state.
Sometimes as attorneys generally know if the Judge has a bias that is contrary to the case law.
It is possible. Trial attorneys often look ahead and consider the possibility that a matter may go up on appeal.
Accordingly, they try to write their motions and memoranda with that in mind. If you want to appeal, you have to at least try to get the trial court to see it your way; arguments raised for the first time on appeal are usually doomed.
Most always lawyers draft important orders with an eye to either supporting or defending an appellate challenge.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
Frequently. There is nothing wrong with asking, as long as there is a fairly debatable issue that is not frivolous.
This Q&A forum is no substitute for a personalized, private conversation concerning your situation. This response is a general answer to a question posed by an unidentified person. It is not intended to and does not create an attorney-client relationship.
The best trial court attorneys will always make arguments, including in written motions, specifically to preserve issues on appeal regardless of whether or not the trial judge will agree with them. In fact, in many instances arguments contrary to current appellate law can be made where it is certain that it will be denied in the trial court specifically to preserve an argument for reversal of that law either in the plenary appellate court (e.g., 11th Circuit) or higher, discretionary appeals court (e.g., U.S. Supreme Court).
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm. PLEASE BE AWARE THAT ANY STATEMENT YOU MAKE, INCLUDING WRITTEN STATEMENTS IN THIS MEDIUM, MAY BE USED AGAINST YOU IN A COURT OF LAW.
Absolutely. To preserve or exhaust an issue for appeal the issue typically must be raised first at the trial court level. Although trial courts are required to follow a higher courts prior ruling on issues, if there is a good faith basis for a lawyer to believe that a higher court should revisit an issue already decided, the attorney still has to raise the issue in the trial court knowing that it will be denied.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline