What Washington Businesses Must Do After an Adverse Verdict
How to Appeal a Trial Verdict in Washington
An adverse verdict can trigger immediate financial exposure, contractual default provisions, insurance coverage implications, and reputational risk. The appellate process is often the only structured opportunity to correct legal error before those consequences compound.
For many businesses, trial feels like the finish line. After months—or years—of litigation, the verdict is read and judgment is entered. But for companies facing a high-stakes loss, trial is not the end. It’s the beginning of the appellate process.
At our firm, we know the days and weeks after a verdict are critical. A smart, strategic appellate game plan can make the difference between a devastating result and a second chance at justice.
Step 1: Preserve the Record Immediately
Appeals rise or fall on the trial record. That’s why our first priority is ensuring that every objection, motion, and piece of evidence is documented. If trial counsel missed something, post-trial motions may still preserve it for appellate review.
Common tools include:
- Motions for judgment as a matter of law
- Motions for a new trial
- Requests for remittitur to reduce excessive damages
Step 2: Move Fast on Deadlines
Appeals are deadline-driven. In Washington (and most jurisdictions), the notice of appeal must be filed within 30 days. Missing it ends appellate rights completely. We don’t wait—we calendar every deadline on day one to ensure nothing slips through the cracks.
Under Washington Rule of Appellate Procedure (RAP) 5.2, a notice of appeal generally must be filed within 30 days of entry of final judgment. Post-trial motions under Civil Rules 50 and 59 can affect issue preservation and appellate timing.
Step 3: Analyze the Verdict Through an Appellate Lens
Not every trial error is an appellate issue. Our team reviews the verdict and trial record to identify the strongest grounds for appeal. That means analyzing:
- Whether legal standards were applied correctly
- If jury instructions misstated the law
- How evidence rulings shaped the outcome
- Whether damages awarded were lawful and proportionate
Step 4: Protect Business Interests During Appeal
Appeals aren’t just about reversing rulings, they’re about protecting your business in the meantime. That includes:
- Seeking stays of judgment to prevent enforcement while appeal is pending
- Using the appeal as leverage in post-verdict negotiations
- Protecting contracts, reputation, and financial stability
In many cases, staying enforcement pending appeal requires posting a supersedeas bond. Without a stay, prevailing parties may pursue garnishment or other collection remedies immediately after judgment.
Step 5: Build the Appellate Narrative
Appeals are not do-overs of trial. They are about showing appellate judges why the law, applied correctly, requires a different outcome. We combine deep knowledge of appellate standards with business context to frame issues in a way that resonates with appellate courts.
The Verdict Is Just the Beginning
Losing at trial does not mean the fight is over. With the right appellate strategy, businesses can reverse trial errors, reduce exposure, and protect their long-term interests.
At Tomlinson Bomsztyk Russ, we take action the moment the verdict is read. Because in high-stakes business litigation, what happens after trial is just as important as what happened during it.
The appellate clock begins immediately. Early action protects both legal rights and business leverage.