In Order to Broaden Your Appeal, Narrow Your Focus
The ability to narrow the issues on appeal “is the hallmark of effective appellate advocacy.” Smith v. Murray, 477 U.S. 527, 536, 106 S. Ct. 2661, 2667 (1986). “Experienced advocates since time beyond memory have emp Read More
NEW YORK STATE APPELLATE DIVISION, THIRD DEPARTMENT: Understanding Rule 800.8(a)
Over the years, I have been asked hundreds of times to clarify the section of Rule 800.8(a) which states …“briefs shall not exceed the following limitations: petitioner’s or appellant’s brief, 50 printed or 70 typewritten pag Read More
Understanding Cross-Appeals in Pennsylvania
Cross-appeals are a unique area of Pennsylvania appellate practice, both in terms of how they proceed under the rules and the practical aspects of drafting briefs and organizing the reproduced record. Pa. R.A.P. 2136 covers Read More
Motion Practice at the Appellate Division, Fourth Department, Part 1 of 2
We frequently receive questions from attorneys and their staff regarding procedural requirements for motion practice at the Fourth Department. This will be a two-part blog that will review the general requirements of motion Read More
California Appellate Courts, 2016 Update on Mandatory Electronic Filing Procedures
Effective January 19, 2016, the Court of Appeal for the Sixth Appellate District requires all filings in that Court to be made through the Court’s electronic filing system (EFS) via the TrueFiling system. The requirements app Read More
Appellate Briefs: Do More Words Equal More Wins?
A proposal before the Committee on Rules of Practice and Procedure, the standing committee for the Judicial Conference, would reduce the word count for principal briefs in the Federal Courts of Appeal from 14,000 words to 13, Read More