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
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.
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
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California Court of Appeal decisions, you’ll notice that some are published in official reporters, whereas others are unpublished. This important distinction may be missed because both published and unpublished opinions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.
Preparing an appeal sometimes starts before the trial is over. In fact, some of the most effective appeals are developed while the trial is progressing. Our law practice consists not only of appellate litigation but
California appellate courts will generally not review issues that were not properly preserved at the trial level. But what does it mean to “preserve” an issue, and why does it matter? More importantly, what will
For some litigators, jury instructions are more of an afterthought than a central part of trial strategy. But, they can be critical for appeal. Jury instructions tend to be rife with error precisely because trial
Since appellate justices were not present at the original trial, they need a reliable record of those proceedings to consider along with the briefs. Preparing (or designating) an official record for appellate review in the
