I. PRESERVING THE
RECORD
Although an appeal is first set in motion by the filing of a notice of appeal with the clerk of the trial court, the appellate process actually begins at the trial and pre-trial level. Counsel and the parties are bound by the record made at the trial level. A litigant cannot present any new evidence or testimony in the appellate court, which may only review the record from the proceedings at the trial court. In addition, trial errors cannot be raised for the first time on appeal, and constitutional issues must be raised at the first opportunity. Two things are important to keep in mind in this regard.
First, objections during the trial must be both specific and timely. A general objection is not sufficient. Untimely or general objections preserve nothing for appellate review, unless the court, in rare cases, considers the matter "plain error." Rules 30.20 and 84.13(c).
Second, in jury-tried cases, allegations of error must be included in a motion for new trial to be preserved for appellate review. Rules 29.11(d) and 78.07. A motion for new trial must be timely filed in the trial court and must be specific as to the allegations of error. In a civil case, a motion for new trial must be filed within thirty (30) days after the entry of a judgment on a jury verdict. Rule 78.04. In a criminal case, the motion for new trial must be filed fifteen (15) days after return of the verdict and the time may be extended for one period of ten (10) days. Rule 29.11(b). In a civil case, the time for filing the motion for new trial may not be extended either by the trial court or the appellate court. The motion for new trial, timely filed, is automatically overruled at the expiration of ninety (90) days after the motion is filed if not ruled on prior to that time. Rules 29.11(g) and 78.06.