Unpreserved issues often are unreviewable on appeal. If an issue is not distinctly raised at trial and ruled on by the trial court, an Appellate Court will not review it—absent limited exceptions. This is why issue preservation should be a component of your trial strategy.

In a high-stakes trial, it is easy to focus entirely on persuading the judge or jury. But appellate courts do not evaluate credibility or witness demeanor—they review the record. A missed objection or ambiguous ruling can erase a strong appellate issue. This checklist is designed to help prevent that. 

This practical, non-exhaustive checklist is designed for busy Connecticut trial attorneys who want to preserve appellate issues without losing sight of trial strategy.  

I am available to consult with Connecticut attorneys on preservation strategy at trial—because a strong appeal starts long before judgment enters. 

The Core 4 Principles of Issue Preservation 

I use a simple framework to summarize the key principles of issue preservation at trial: The Core 4. 

Through this acronym, attorneys can quickly recall the way to ensure an issue is preserved for review: 

• The objection must be clear (i.e., “distinctly raised”). 
• The objection and argument must be on the record.  
• The court must issue a ruling. 
• The court should provide an explanation of the legal and factual bases of its ruling.  

Why Does Issue Preservation Matter? 

Post-judgment success often depends on a preserved issue.  

Under Practice Book §§ 60-5 and 61-10, an appellate court is not required to consider any claim “unless it was distinctly raised at the trial or arose subsequent to the trial … [,] and the appellant is responsible for providing an adequate record and perfecting the record for appeal.” 

For an appellant to obtain appellate review of an issue, that issue must be distinctly raised in the trial court and ruled on by the trial court. Having an issue preservation strategy in place during trial can provide a greater likelihood of appellate review, should the need arise.

Thinking ahead to a potential appeal does not signal doubt in your trial strategy. Instead, it sets up your client for post-judgment success—and in some cases, strategic preservation at trial can prevent an appeal.  

Checklist: How to Preserve Issues at Trial 

Below are practical steps to help preserve issues at each stage of litigation. 

Pre-trial: 

• Clearly state the legal and factual basis for your motion or objection. 
• Ensure rulings are on the record and include sufficient findings. 

At Trial: 

• Object contemporaneously and cite legal grounds when possible. 
• Make offers of proof when evidence is excluded. 
• Ask for curative instructions or mistrials when needed. 
• Ensure rulings on objections are on the record. 
• Ensure in-chambers conferences and rulings are summarized on the record. 
• Renew motions in limine and pre-trial objections when the evidence is introduced.  

Post-Judgment: 

• Raise appellate issues in post-trial motions (especially constitutional or evidentiary claims). 
• File motions to reargue (P.B. § 11-11) when appropriate.

Issue Preservation Tips from an Appellate Perspective 

Connecticut appellate courts have been clear—absent limited exceptions, a court will not review a claim that a party failed to distinctly raise at trial, that the trial court did not rule on, or for which the record of the trial court’s legal and factual bases for review is unclear.  

Remember:  

• An unpreserved claim can cost you the appeal. 
• Appellate courts will not guess at the trial court’s reasoning. 
• If it is not in the record, it did not happen—for appellate purposes.  

Want Help Preserving the Record? 

If you are facing a complicated legal issue, a high-stakes trial, or a potential appeal, I offer appellate consultation at the trial level to help preserve issues and protect the record.  

Please feel free to contact me.