When you have been granted damages in your trial and are eager to enforce the judgment promptly, encountering a defendant’s request for a stay of court can bring about certain expectations. A stay essentially entails
A Split in Opinion For years, California Courts of Appeal have grappled with how to apply the substantial evidence standard of review to findings that were made under the heightened “clear and convincing” burden of
U.S. Courts of Appeals are frequently called upon to interpret questions that arise in state law. Although they generally have the authority to do so, appellate judges may choose another route: certification. By certifying questions
A trial court hands down its judgment, to the disappointment of your client. A post-trial motion for new trial is denied, prompting an appeal. During the pendency of the appeal, certain facts come to light
The complexities of appellate practice make for plenty of potential landmines that can jeopardize a successful appeal. While some mistakes may at first seem incurable, there is often a way out of them. Working through
Valid court orders have to be followed – period. A party can dislike and disagree with an order. And there are various methods of relief that may be available. But if all avenues fail, the
Appealing a trial court decision can make it seem like a case will never end. In reality, however, cases can and often do settle while on appeal. Part of appellate strategy is helping the client
Both trial and appellate attorneys are given the chance to present their arguments in the courtroom. But this is where the similarities largely end. The manner in which arguments are given, and their content, varies
Deciding to appeal an unfavorable trial court judgment or order is a serious undertaking of time and money. But a client does not have to wait until the end of trial to consult appellate counsel.
Clients often and erroneously view appeals as new trials. Despite this confusion, however, it is possible to ask for a new trial if the circumstances justify it. The differences between the two should be explained
Whether in state or federal court, civil appeals are unlike anything a client will face in the court system. Both trial and appellate lawyers are well advised to know their respective roles and even their
Consistency is one of the most important values of our judicial system. Without steady, reliable, and (reasonably) predictable decisions, the courts would be in disarray. The doctrine of stare decisis is one method of ensuring
