Ten Things Every Trial Lawyer Should Know About Texas Appellate Law

1. To preserve error for appellate review, a trial lawyer must make a timely, specific request, objection, or motion on the record and obtain a ruling. If error is not preserved, there is little an appellate lawyer can do to help.

2. A ruling on a motion in limine does not preserve error. The party opposing the admission of evidence must still object when it is offered at trial. The party seeking to introduce evidence must still offer the evidence on the record to preserve error in its exclusion.

3. A party objecting to something included in the charge must point out distinctly the objectionable matter and the ground for the objection. A party objecting to the failure to include a question, definition or instruction must tender the requested question, definition or instruction in writing in substantially correct form, have the trial court refuse it, and make sure the ruling is filed with the court and included in the appellate record.