No Court Reporter? Don’t Panic.
It happens to the best of us: you’re at a hearing on your motion, and for one reason or another, there is no court reporter present to record the proceedings. Perhaps your client was reluctant to incur the additional expense of hiring a court reporter, feeling confident that the hearing would be routine and uneventful. […]
What to Expect If a Judgment Is Stayed
You’ve been awarded damages at your trial, and naturally, you expect to execute on the judgment as soon as possible. But then the defendant requests a stay of the court order. When a judgment is stayed, it means that the judgment will be suspended, pending appeal of the trial court decision. What should you expect […]
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 court for a writ of supersedeas. But the writ can be useful for temporarily suspending the trial court’s authority to […]
How Post-Trial Motions Might Factor Into Your Appeal
In the realm of California state court proceedings, the filing of post-trial motions is a nuanced and strategic aspect of civil litigation. While generally not required to raise an error of law on appeal, understanding when and how to utilize post-trial motions is crucial for protecting appellate rights and potentially influencing the outcome of a […]
Settling During The Appeal: Factors to Consider
Appealing a Trial Court Decision in California Appealing a trial court decision can feel overwhelming, as though your case will stretch on indefinitely. In reality, however, appeals in California often move more efficiently than expected—and many cases settle while on appeal. A strong appellate strategy includes understanding how and when settlements can be achieved during […]
How Do Appellate Oral Arguments Differ From Trial Arguments?
Appellate Oral Arguments vs. Trial Arguments At Gusdorff Law, P.C., we focus exclusively on appeals. Our firm is dedicated to giving clients a clear and strategic voice in appellate courts across California. As experienced Los Angeles appellate attorneys, we understand the unique rules, procedures, and presentation required to succeed on appeal. Every case we handle […]
When Federal Appellate Courts Certify State Law Questions
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 of state law, Federal Appellate Courts judges can respect federalism while gaining the information needed to issue an opinion. Certification […]
The Writ of Coram Vobis: Appellate Law’s Most Underrated Tool?
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 that would have virtually guaranteed a new trial. Does the losing party have any recourse? In certain circumstances, the losing […]
How Violating Court Orders May Affect Your Appeal
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 parties are ultimately bound by the trial court’s order. In the event a party decides to violate that order, its […]
How Appellate Counsel Can Add Cost-Effective Value To A Client’s Case
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. Often circumstances may warrant bringing an appellate lawyer into the case much earlier than the post-trial stage. Doing so offers […]
Appeal Versus A New Trial: What Clients Need To Know
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 up front so the client understands what to expect. Working with counsel, the client can make an informed choice of […]
Managing Client Expectations Of The Appeals Process
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 limitations. But managing client expectations is altogether more difficult, since most lay persons are largely unfamiliar with the courts. Doing […]
