What Is A Writ Of Supersedeas?
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
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What Is The Difference Between A Common Law And Statutory Writ?
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 Procedures For Recovering Appellate Costs In California And Ninth Circuit Appeals
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.
Petitions for Rehearing in California State and Federal Appellate Courts
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
Petitioning for Review in the California Supreme Court
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
What an Appeal Cannot Do
While appeals can serve a number of interests in justice, they cannot accomplish everything a party may desire. Both state and federal appellate rules limit when and how appeals may be used. If your trial
What Costs Are Recoverable in the State and Federal Appellate Courts?
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
Unpublished Versus Published Court of Appeal Decisions: What’s The Difference?
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California Court of Appeal decisions, you’ll notice that some are published in official reporters, whereas others are unpublished. This important distinction may be missed because both published and unpublished opinions
When Is An Appellate Decision Final In California State And Federal Courts?
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.
What Are Amicus Curiae Briefs In California’s State And Federal Courts?
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
Understanding What An Appellate Attorney Does
Most people generally understand the importance of hiring an appellate attorney to handle legal matters. This is especially true with respect to appellate law, a unique area that most attorneys don’t practice. But what exactly
How Post-Trial Motions Might Factor Into Your Appeal
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
