Many lawyers who did not regularly appear in the appellate courts find the appellate process mysterious and intimidating. Litigators who have no trouble facing jurors, cross-examining witnesses and arguing with their opposing counsel, feel pushed out of their comfort zone when a case goes up on appeal. In-house counsel who manage litigation are accustomed to assessing litigation risks at trial, but may be uncertain how to evaluate the prospects on appeal. This seminar will demystify the process. At the conclusion of the seminar, you will understand the nature of the appellate process, the limits on the authority of appellate courts, and how appellate courts go about making their decisions.
- How to insure that your arguments are preserved on appeal
- The differences between federal and state appellate courts
- The steps that make up the appellate process
- What makes up the record on appeal?
9:00 a.m. - 10:30 a.m.
I. What Is An Appeal?
II. What Is An Appellate Court?
A. Characteristics Of An Appellate Court
B. 9th Circuit Court Of Appeals
C. United States Supreme Court
D. California Court Of Appeals
E. California Supreme Court
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 12:00 p.m.
III. What Should Be Done To Preserve Issues For Appellate Review?
IV. What Gives The Appellate Court Jurisdiction?
A. Final Decision Doctrine
B. Exceptions To The Final Decision Doctrine
D. Obtaining Review By Writ Petition
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:50 p.m.
V. What Is The Procedure For Obtaining Appellate Review?
A. Notice Of Appeal
B. Designating The Record
C. Settlement Conferences In The Appellate Court
E. Oral Argument
VI. What Makes Up The Record On Appeal?
B. Reporter's Transcripts
C. Submission Of New Material On Appeal
2:50 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
VII. What Happens In The Trial Court While The Appeal Is Pending?
A. Transfer Of Jurisdiction
B. Post-Judgment Proceedings
C. Stay Of Proceedings Pending Appeal
VIII. What Happens After The Appellate Court Hands Down Its Decision?
A. Remittitur And Mandate
B. Law Of The Case