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
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
