Why Monday Mornings Are for Appeals

Why Monday Mornings Are for Appeals

What Washington Businesses Must Do Immediately After a Jury Verdict
It’s late Friday afternoon. The jury files back in. After days—or weeks—of trial, the verdict is read. For businesses, that moment can bring relief, frustration, or shock. But no matter the outcome, one truth remains:

When trial ends on Friday, appellate strategy begins on Monday.

The Critical Post-Verdict Window

Appellate success often depends on what happens immediately after trial. Appeals may feel like “future work,” but in reality, the foundation is laid the moment the verdict is announced.

In Washington, several procedural rules begin to matter right away:

CR 50 (Judgment as a Matter of Law)
CR 59 (Motion for New Trial or Reconsideration)
RAP 5.2 (Deadline for Notice of Appeal)

Under RAP 5.2(a), a notice of appeal generally must be filed within 30 days of entry of the final judgment. That deadline is jurisdictional. Miss it, and appellate rights are lost.

Meanwhile, post-trial motions under CR 50 and CR 59 can preserve critical issues, correct errors, or reshape the record for appeal. These motions must be timely and strategically framed.

Appellate viability is often determined not months later—but in the first days after verdict.

What Should Happen on Monday?

When the verdict drops on Friday, businesses may take the weekend to process. Appellate counsel does not.

On Monday morning, immediate steps should include:

1. Review the Verdict and Trial Record
Identify preserved objections, jury instruction challenges, evidentiary rulings, and potential legal errors. Appeals are limited to the trial record. If the issue was not preserved, it may be waived.

2. Evaluate CR 50 and CR 59 Motions
Post-trial motions can:
Preserve sufficiency-of-the-evidence challenges
Correct erroneous jury instructions
Address excessive damages
Create a clearer appellate record

Even when ultimate appeal is anticipated, these motions matter.

3. Calendar the RAP 5.2 Deadline
The 30-day window to file a notice of appeal begins running upon entry of judgment. Internal coordination and calendaring must happen immediately.

4. Assess Stay and Enforcement Risk
A judgment is enforceable unless stayed. That means collection efforts—garnishment, liens, or other execution measures—can begin quickly.

Under Washington procedure, staying enforcement pending appeal often requires a supersedeas bond. Early evaluation prevents business disruption.

Waiting even a week can compress options.

Business Stakes Are High

For companies, a verdict is rarely just a courtroom outcome. It can trigger:

• Immediate financial exposure
• Reputational harm
• Insurance coverage disputes
• Contractual default provisions
• Regulatory consequences

Appeals are not merely academic exercises. They are risk-management decisions.

Prompt appellate action can:

• Signal seriousness in settlement discussions
• Protect assets through timely stay procedures
• Preserve leverage
• Prevent flawed rulings from becoming industry precedent

Allowing an adverse judgment to stand without immediate analysis can shift negotiation power permanently.

Why Trial and Appellate Roles Differ

Trial lawyers and appellate lawyers serve complementary—but distinct—functions.

Trial counsel focuses on persuading a jury. Appellate counsel focuses on:

Standards of review (de novo, abuse of discretion, substantial evidence)
Record preservation
Legal framing rather than factual persuasion
Identifying reversible error within procedural constraints

Involving appellate counsel immediately after verdict ensures:

Post-trial motions are structured for appellate standards
Issues are preserved under Washington law
Deadlines under RAP 5.2 are met without scramble
The appellate narrative begins forming while events are fresh

Early coordination is not duplication. It is strategic reinforcement.

Staying Enforcement Pending Appeal

One issue businesses often overlook is enforcement timing.

Once judgment is entered, the prevailing party may pursue collection unless a stay is secured. That may include:

• Garnishment
• Property liens
• Asset seizure
• Other execution remedies

A stay pending appeal may require posting a bond sufficient to secure the judgment amount. Planning for this possibility early avoids operational disruption.

For many companies, protecting liquidity is as important as pursuing reversal.

Conclusion: Don’t Wait Until It’s Too Late

When the verdict comes in on Friday, do not assume there is time to “think about it.”

Monday morning is for appeals.

The notice-of-appeal deadline under RAP 5.2 is unforgiving. Post-trial motions under CR 50 and CR 59 are time-sensitive. Enforcement risks can begin quickly.

By engaging appellate counsel immediately, your business can:

• Preserve critical issues
• Protect assets
• Maintain negotiation leverage
• Position itself for reversal or relief

At Tomlinson Bomsztyk Russ, we help Washington businesses turn trial setbacks into strategic opportunities. If your company has just received a verdict, early appellate analysis can make the difference between a lost opportunity and a second chance.

Do not wait. The clock is already running.