Understanding The Role Of Stare Decisis In California Courts
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 this value is upheld. Stare decisis is a legal principle that requires courts to adhere to precedent in rendering their […]
Everything You Need to Know About the Clerk’s Transcript in the Record on Appeal
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 form of the written record that satisfies this requirement. No matter the nature or complexity of your civil appeal, you […]
What Happens If You File Your Appellate Brief After Its Deadline?
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 15-day default period. However, the one deadline that cannot be extended is the date to file the notice of appeal. […]
The Value of a Certified Appellate Specialist
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 an attorney with demonstrated skill in appellate law. If you plan to retain an attorney for your California civil appeal, […]
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 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 […]
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 […]
