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:
Appeals in the New York State Appellate Division: Adverse Decision? What Now?
After you have invested so much time, energy and money appealing to (or defending an appeal in) the Appellate Division, little can be worse than receiving a decision that is adverse to your client. You still have options. You may seek further relief from the Appellate Division or move directly to the Court of Appeals to seek leave to appeal in that court.
New York State Appellate Division Third and Fourth Departments: Key Differences in Record and Brief Preparation (Part II)
In Part II of this article, we cover how the deadlines for perfecting an appeal are determined in the Appellate Division Third and Fourth Departments; the differences in the motion process for extensions of time, as well as pre-argument statements and condensed transcripts, and finally going over the differences in the preparation of a brief.
Procedural Aspects of Cross-Appeals in the New York State Appellate Division Third Department
Cross-appeals in the Third Department are handled in a different manner than in any of the other three Departments of the Appellate Division. In this article we cover the following: 1) Who is responsible for filing the record or appendix?; 2) What is the time limit to perfect the appeal?; and 3) Who bears the cost of preparing the record or appendix?
"Web Links to Nowhere" in SCOTUS Decisions: How to Ensure that Cited Material Remains Available for Years to Come
According to a recent article in The New York Times, half of the hyperlinks in Supreme Court opinions no longer link to the information originally cited. Even at this level, creating a link directly to a website can be risky business. The question arises, how do you take control of slippery online material when citing to a web source directly?
Appellate Forum: LinkedIn Group Powered by Counsel Press – Why You Should Join and Participate
About a month ago, Counsel Press launched a new group on LinkedIn named Appellate Forum. More than 300 appellate practitioners joined the group just within the first three weeks from the launch, and the Forum keeps adding members on a daily basis. If you still have not joined, here is a quick overview of why you should do so today.
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