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Trusts and Estates

Ca. Trs. & Estates Quarterly 2018, Volume 24, Issue 4

TIPS OF THE TRADE – USING THE STATEMENT OF DECISION TO MAXIMIZE YOUR CHANCES OF WINNING A TRUST OR PROBATE APPEAL

By Alana H. Rotter, Esq.*

Statements of decision play a critical role in an appeal following a court trial: they frame the appellate court’s review, and they set the parameters for what inferences the court will draw in favor of the appealed order. That makes the statement of decision process an important tool for litigators seeking to position their cases for appellate success.

Understanding statements of decision and the strategic opportunities they present is especially valuable for lawyers who handle probate proceedings, where court trials are common and there are more appealable orders than in civil cases. This article provides a roadmap of the process and key considerations along the way.

I. BACKGROUND

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