Upon receiving a writ petition seeking interlocutory appellate review, the real party in interest must make a strategic decision: whether to file a preliminary opposition, or wait to see if the Court of Appeal will summarily deny the petition on its own. Here are some
Moving from trial court litigation to appeal, especially after a loss, requires a serious mental shift. To evaluate prospects for success, clients and trial counsel should focus on how appeals differ from the crucible they’ve just been through. First, appellate courts assume the trial court
Amicus curiae (“friend of the court”) briefs are an ever-expanding dimension of appellate practice. Here are some pointers to consider in soliciting or writing them: Amicus briefs can serve various functions, from providing factual/industry context to raising legal arguments that the parties missed. They should
California’s appellate courts influence the law elsewhere. Our courts often develop precedent on issues before other states do, and other states may consider those precedents persuasive. So for corporate clients, appellate strategy should consider long-term interests in all states where the client operates. Does the
Appellate courts often will refuse to consider an authority mentioned for the first time at oral argument. But there is generally a gap of 3-18 months between the close of appellate briefing and argument. If a relevant new decision is issued during that gap, consider
California appellate courts publish only about 15% of their civil decisions as citable precedent. Lurking in the other 85% are often valuable clues about how the court may view your case. How to find them? First, geography. There may be scores of unpublished decisions on
As more courts switch from phone arguments to video arguments, it’s increasingly important to think through the physical layout of the space you’ll be arguing from. Here are some specific pointers, beyond the basic tips we offered in April: Position the camera at your eye
Rules and practices in the California Courts of Appeal have changed almost weekly since March. Here is the latest: Most appellate courts are now conducting video oral arguments, livestreamed on their websites. The Sixth District (San Jose) is still using phone conferencing, and the Third
Clear, concise legal writing is more important than ever, with court closures leading to motions being decided on the papers and creating a backlog for judges to sort through when the courts reopen. Tailor your use of legal authorities to help the judge quickly see
Two months ago, COVID-19 closed most of California’s civil court system—the largest in the world. And nearly all courts remain shuttered except for true emergencies. But there is one major exception: the appellate courts. Their work does not require large gatherings, and most of it can
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