Roger T. Creager
Winner of the Prestigious
VTLA Courageous Advocate Award
Founder of Virginia Trial Lawyers
Appellate Section
Practice Focused on Working
With Other Lawyers; Co-Counsel,
Consultation, Research, Briefing
and Post Trial
Experience With
Major Personal Injury Cases

Attorney Resources

Appellate law - What should you do if you won the case in the trial court, but you believe that a ruling of the trial court which is challenged on appeal may be vulnerable? You may want to consider whether the ruling can be upheld on the basis of reasoning which is different from the reason the trial court gave. In an article published in 2017, Mr. Creager discusses the appellate doctrine known as the "right-for-the-wrong-reason doctrine" (and sometimes called the "Tipsy Coachman Doctrine").
See article.


Trial practice - depositions. Mr. Creager was invited to make a presentation regarding depositions at the May 2017 seminar of the Virginia Trial Lawyers Association. His outline of materials, comments, and practice pointers is available here.
See article.


Appellate law and trial practice - If you think the trial court is making a mistake, you better make sure that you do everything necessary to preserve the issue for appeal. Mr. Creager was invited to address this topic at the October 2017 seminar of the Virginia Trial Lawyers Association. His outline of materials, comments, and practice pointers is available here.
See article.


Trial practice - motions in limine. Sometimes, an issue that will arise at trial is so important that the wise trial lawyer will present the issue to the trial judge well before the trial by means of a pretrial motion in limine. In 2011, Mr. Creager published an article providing practical advice for lawyers on this topic.
See article.


Evidence - tests and experiments. The Supreme Court of Virginia has issued numerous decisions that govern when and how the results of tests and experiments can be introduced in a personal injury trial. In this 2007 article, Mr. Creager summarizes many of the pertinent decisions.
See article.


Evidence - expert testimony - grief. Do jurors fully understand the grief and suffering that is caused by the death of a loved one? In this 2006 article, Mr. Creager makes the case that they do not, and that trial courts should allow expert testimony on this subject matter.
See article.


Evidence - experts - neuropsychologists. In this article, Mr. Creager, John Shea, and Glen Lerner discuss the numerous arguments that can be made under Virginia law to limit the testimony of a neuropsychologist who claims that the injured plaintiff did not sustain a brain injury in a collision or other physically traumatic event.
See article.


Appellate law and post-trial motions. A Virginia state court loses jurisdiction over a case 21 days after a final order is entered. An appeal from the judgment of a Virginia state court must be filed within 30 days. Mr. Creager discusses these two important principles of post-trial and appellate practice in this article.
See article.


Evidence - animations. Visual images are powerful evidence at trials. Attorneys and their experts often develop computer-generated animations of their theory of the case at trial. Mr. Creager discusses the evidence law principles that apply to animations.
See article.


Trial practice - post-trial motions. After you win the jury verdict, you may have to defend it against post-trial motions and against an appeal. Winning the post-trial motions in the trial court will very often give you a huge advantage on appeal. In this 2013 article, Mr. Creager discusses the law governing post-trial motions and provides practical suggestions.
See article.


Trial practice - discovery. The pretrial discovery stage of a civil case can be very important - so important that it can lead to an error that require the reversal of a judgment later rendered at trial. In this 2013 article, Mr. Creager discusses Virginia decisions in which discovery rulings were later held to constitute reversible error.
See article.


Evidence - hearsay - business records. Are the records kept by a business always admissible as evidence. In this 2012 seminar presentation for the 2012 Virginia Trial Lawyers Association Advanced Auto Retreat, Mr. Creager demonstrates that the answer is "No." Business records are inadmissible hearsay unless the party seeking to introduce them proves that numerous requirements are met.
See article.


Appellate law and trial practice - preservation of error - contemporaneous objections. A trial court can make numerous erroneous rulings but they will be insulated from challenge on appeal unless you satisfy all the requirements of the "contemporaneous objection rule." In this 2012 seminar presentation, Mr. Creager provides a common-sense summary (with extensive case citations) of the requirements established by Virginia case law.
See article.


Evidence - expert testimony - accident reconstruction. In this 2008 seminar presentation, Mr. Creager provides an extensive review of the requirements and principles which governs the admissibility of accident reconstruction testimony in Virginia state courts.
See article.


Evidence - experts - malingering testimony. In brain injury cases, defense experts will often claim that the plaintiff is faking, malingering, not doing her best, or exaggerating her problems. In this 2008 seminar presentation, Mr. Creager reviews the many principles of law and case authorities that can be used to exclude this type of testimony.
See article.


Medical malpractice - "peer review" privilege. Healthcare providers often argue that certain information, documents and records are protected from discovery by the "peer review" privilege. Mr. Creager discusses the scope of this privilege in this article.
See article.


Immunities - governmental employee immunity. Governmental employees argue that they enjoy immunity from liability for negligence. In this article, Mr. Creager and Thomas Curcio discuss the scope of this immunity.
See article.


Trial practice - discovery - expert disclosures. In 2008, the Supreme Court of Virginia issued an opinion which held that the trial court properly excluded certain expert opinions and testimony which had not been disclosed in pretrial expert disclosures. In this article, Mr. Creager discusses the principles that govern the sufficiency of expert disclosures.
See article.

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