How To Stay A Judgment Pending Appeal
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 while the appeal works its way through the court, they are not always guaranteed. Nor are they always necessary. At […]
How To Handle New Legal Authority During Pendency Of The Appeal
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 that may impact the appeal is enacted. Collectively, these are known as new legal authorities. You can’t file any more […]
Augmenting And Correcting The Record On Appeal In California Appellate Courts
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 you discover the clerk’s transcript or appendix is missing documents? Or there’s an error that must be fixed? Do you […]
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 petition is just the beginning. Your attorney should also be able to navigate the complex rules governing these petitions in […]
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 desired outcome in your California Court of Appeal case, you must consider whether California Supreme Court review is necessary or […]
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 […]
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 by the appellate courts as a matter of right, writs are a matter of discretion. They are also only granted […]
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. Whether you have a California state or Ninth Circuit federal appeal, let us help. Procedure for recovering costs in the […]
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 petition is just the beginning. Your attorney should also be able to navigate the complex rules governing these petitions in […]
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 desired outcome in your California Court of Appeal case, you must consider whether California Supreme Court review is necessary or […]
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 court case didn’t turn out as expected, you may be wondering if you should appeal. In this article, appellate litigation […]
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 do so helps ensure equal access to the courts and promote justice. As you prepare your appeal, you should know […]
