Writs occupy a unique position within the world of California appellate procedure. They are directives from the Court of Appeal to a trial court to either do or cease doing something. Whereas appeals are heard
The ability to recover appellate costs offers important leverage between parties. However, courts do not automatically award these costs. Knowing exactly how to recover them takes the expertise of an experienced California appellate law attorney.
In appellate practice, it is sometimes necessary to petition the court for rehearing. These petitions have limited use and must be carefully employed to achieve their desired purposes. But understanding the bases for a rehearing
A dissatisfied party does not have an automatic right to California Supreme Court review of a civil appeal. Specific rules address the types of cases the Court will accept. If you did not receive the
Appeals cost money, a fact which can at first make a party hesitant to pursue one. However, appellants can potentially recover certain costs related to their appeals in state and federal court. The ability to
If you spend time reviewing California Court of Appeal decisions, you’ll notice that some are published in official reporters, whereas others are unpublished. This important distinction may be missed because both published and unpublished opinions
Finality is a word that means something different to each party in an appellate case. It can mean permanent relief for the prevailing party or the start of the next phase for the losing party.
Amicus curiae briefs are submitted by non-parties to an appellate case. They present information for the court to consider in deciding the appeal. However, certain rules govern the filing of these briefs. An experienced appellate
Generally, a losing party is not required to file a post-trial motion to raise an error of law on appeal. This is the basic rule for California state court proceedings. But there are exceptions to