How many lawyers does it take to handle a case? Well, usually
two, one for the trial and another one for the appeal. And
that's because the functions and procedures in the trial
court differ so widely between the courts' functions and
rules and procedures.
My first job as a lawyer was clerk to an state court appellate
judge. In the course of explaining my duties, the judge told me
“Tony, remember; trial courts search for truth, appellate
courts search for error.”
In the trial court a Plaintiff starts a lawsuit by filing a
complaint making as-yet unproven allegations and making a demand
for damages. The defendant responds with an answer denying those
allegations. The “truth” of the matter is unknown at
this early point. The rules of civil procedure guide the two
parties on their journey of discovery, with differences refereed by
the trial judge. The trial judge is called on to make many
decisions, large and small, in the course of moving the case
through the trial
