The justices often begin argument by instructing counsel not to repeat what is in their briefs. On the other hand, you can’t raise anything new. But if you can’t say anything old or new, what can you say? This is your opportunity to re-think how
One key to success on appeal is creating a clear and complete record. Here are ways to create such a record that are often overlooked in the heat of trial: Ask the court reporter to transcribe sidebars and in-chambers conferences. If that’s not possible, summarize
Under California appellate rules, briefs must state each point under a separate heading or subheading. Appellants and respondents alike should heed this requirement, as both persuasion and preservation may depend on it. Some practice tips to consider: Many appellate courts will deem an argument forfeited
Special verdict forms can be confusing for juries. If the jury returns a special verdict unfavorable to your client, review the completed verdict form for errors, ambiguities and inconsistencies before the court discharges the jury. Otherwise, you risk forfeiting a challenge to the verdict form
It is easy to be lulled into a sense of security about the timing of writ petitions. Generally, writ relief can be sought as long as you do not unreasonably delay, which typically means you should file within 60 days. But when writ relief is
Clients who lose in the Court of Appeal often ask about pursuing review in the California Supreme Court. The Court grants just a small fraction of the petitions for review that it receives each year. Here are some factors to consider in assessing the likelihood
Orders denying petitions to compel arbitration have long been, and remain, immediately appealable. The California Supreme Court held long ago that such appeals automatically stay trial court proceedings. And the United States Supreme Court recently held that such a stay applies in federal courts as
Before the Computer Age, writers were instructed to type two spaces after every period. The reason was to create a visual break so that it would be easier to see the beginning of each new sentence. Many attorneys who learned to follow the two-space rule
The author of a brief must be both storyteller and teacher. Judges read hundreds of briefs each year. Capturing their interest and making principles clear and memorable is critical to persuasion. If your brief covers multiple, disparate legal issues, do not bog down your statement
California judgments are enforceable upon entry. True, posting a bond can stay enforcement of money judgments during an appeal. But what about during the post-judgment motion phase, before an appeal is filed? And what about clients who need time to get a bond in place?
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