Ways To Blow It
If you expect to take a case to judgment, preserving the right to appeal is vital. The same may (or may not) be true if you’re settling subject to decisions yet to come from the trial court. Here are some ways that even experienced lawyers and sophisticated clients can and do forfeit the chance to appeal—along with tips to help ensure you don’t give up more than you intend.
Tough Questions
Interlocutory rulings generally are not appealable—the Court of Appeal will review them only on appeal from the final judgment. Many litigators know they can seek immediate discretionary review via a writ petition. But fewer know of a procedural tool that can improve the chances of
We Didn’t Notice That!
Trial counsel often ask if judicial notice can get facts in front of the Court of Appeal that were not presented to the trial court. The answer is: It’s possible, but unlikely. And even if the appellate court uses its power to judicially notice new
Hurry up!
The Code of Civil Procedure’s expedited jury trial framework can be an attractive option for resolving a case quickly and economically. But be aware that the expedited procedure requires giving up important post-trial and appellate rights: By agreeing to expedited process, the parties forfeit motions
Get It In Writing
From the appellate court’s perspective, “if it isn’t in the record, it didn’t happen.” And California trial courts stopped providing reporters for most civil cases years ago. While everyone knows that a reporter is crucial at trial to ensure an adequate appellate record, there are
Are You Satisfied?
Can a defendant who plans to appeal only part of a judgment pay the non-challenged portion of the judgment without risk of waiving its right to appeal the rest? A newly-enacted statute (Code of Civil Procedure 695.215) clarifies the answer: “Payment in satisfaction of a
Error Alone
Trial court error alone is almost never enough to reverse a civil judgment. In almost all cases, a civil appellant must also show prejudice from any error, i.e. a reasonable likelihood of a more favorable result if the error hadn’t occurred. But as usual, there
This One Or That One?
Trial testimony may be perfectly clear to everyone in the courtroom—but appellate judges weren’t in the courtroom. Make sure to create a record that’s intelligible to someone reading it after-the-fact: When witnesses gesture, translate their gestures into words. (Witness: “It was this high.” Counsel: “You’re
E-Deadlines En Route To Appeal
Diligent lawyers plan for deadlines. But that’s especially hard in California these days: As more trial courts transition (at last) to all-electronic filing, glitches have been frequent, with numerous documents being rejected and filing-confirmation sometimes taking more than a week to arrive. So avoid deadline-day
The Times They Are A Changin’
Trial courts have a jurisdictional deadline for granting motions for a new trial, judgment notwithstanding the verdict, or to vacate the judgment. Courts cannot grant relief after that deadline, so everyone involved must know when it is. The deadline recently changed: The trial court’s power
Who We Serve
Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.
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