The Appellate Law Journal
Volume 3 | Issue 3 | 2015

The Appellate Law Journal focuses exclusively on rules, practices and procedures of federal and state appellate courts nationwide. Edited by the appellate experts at Counsel Press, The Appellate Law Journal is designed to provide a forum for creative thought about the procedural aspects of appellate practice and to disclose best practices, strategies and practical tips.
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Inside This Issue:

When the Only Law Available on the Issue is an Unpublished Decision, What Are My Options?
As attorneys, we have all been faced with a situation where the most applicable or best case law is unfortunately buried in an “unpublished” decision. On some occasions, the only law available on the issue or the only factually similar case is an unpublished decision. When these circumstances arise, there are a handful of strategies to deal with them.

Perfecting an appeal in the New York Appellate Division, First Department for the July 13th deadline? Up your game – get your appellate documents ready early!
Although appellants may perfect an appeal any day in which the Court is open, there are strategic reasons for choosing the last filing day for a term. Most significantly, the appellant gives the respondent the fewest number of days to file his responding brief. However, for the September Term - July 13th filing day, we advise our clients to send their documents to us around mid-June, and here is why.

New York Appellate Division, Second Department: Case Settled Between Briefing and Argument? Alert the Court!
Section 670.2(g) of the Appellate Division, Second Department’s rules requires that “parties or their counsel shall immediately notify the court” if a case is wholly or partially settled during the pendency of an appeal, under threat of sanctions or costs against the parties. On March 25, 2015, the Court emphatically reminded practitioners of this rule in the case of Irish v. Town of Greenburg, Docket No. 2013-01934, 2015 NY Slip Op. 02452.

Electronic Filing in the New Jersey Appellate Division and Supreme Court: Live in 2015!
New Jersey appellate courts are moving closer to electronic filing of all documents. The anticipated rollout for criminal and civil appeals for attorneys who already have a Judiciary collateral account is Late Spring 2015 and, for all others, Late 2015/Early 2016. The following is an overview of some of the changes that are anticipated.

Video: Counsel Press 2015 Client Reception - Relive the Moment
By all accounts, our Client Reception, hosted on May 7th, was a complete success, with great food and drinks and, most importantly, a great crowd and many face-to-face meetings. Here is a short, fun video that we shot at the event. Enjoy viewing and we hope to see you all at our client reception next year!

Tagged: Appellate Practice, Appellate Procedure, Appellate Services, The Appellate Law Journal, New York State Appellate Division First Department, New York State Appellate Division Second Department, New Jersey Superior Court Appellate Division, Supreme Court of New Jersey, CP Legal Research Group, Litigation