The appellate record plays an essential role in any California Court of Appeal matter. A complete and accurate record is critical to ensuring your appeal is adequately and fairly considered. The clerk’s transcript is one
California’s rules of appellate court procedure allow some room for error, but only in limited circumstances. This is true with respect to certain deadlines. A late brief filing, for example, will usually trigger a curable
Any member of the California State Bar can practice appellate law. But not every member can claim to be a Certified Appellate Specialist. This unique designation by the State Bar’s Board of Legal Specialization denotes
The prevailing party at trial can usually execute a court judgment immediately or otherwise act in accordance with it. But a stay will suspend this, pending appeal of the matter. Although stays are sometimes granted
All of the appellate briefs have been filed. You’re waiting for oral arguments or a decision. Then, while waiting, a court decision that’s relevant to your appeal is announced. Or, perhaps, a statute or regulation
The record on appeal is an indispensable part of any California Court of Appeal writ or appeal. Appellate attorneys strive to present an accurate and complete record for the court’s consideration. But what happens if
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
Supersedeas is a Latin term meaning “you shall desist.” Appropriately, a writ of supersedeas is a request for a court to stay enforcement of a judgment pending appeal. There are detailed guidelines for petitioning the
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
