With most corporations today facing large-exposure lawsuits in developing areas of the law, in-house counsel are forced to become increasingly well versed in both trial and appellate litigation.
Although the two arenas overlap to some degree, the difference between appellate and trial practice can be stark. One of the most obvious differences is discovery (i.e., evidence development), which predominates the trial level but is absent from appellate practice. This dichotomy stems from the general rule that appellate review is limited to the record that was before the trial court.
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