Attorneys in federal courts across the country, including in the District of Nevada, are aware of the age-old rule that, generally, new issues cannot be raised for the first time on appeal. The question then becomes, how are these issues properly raised, and preserved, in the district court so that they are preserved for an appeal before the United States Court of Appeals for the Ninth Circuit or, ultimately, the Supreme Court of the United States? This article provides guiding principles based upon federal case law and the Federal Rules of Civil Procedure to answer these questions on preserving error for an appeal in Nevada’s federal district court.
Citation: Micah Echols & Tom Stewart, Preserving Issues for Appeal in Nevada's Federal Courts, 5 Nev. L.J. Forum 15 (2021).