When the Judge Won’t Budge

164569828You’ve tried to disqualify the judge in your case, but the judge won’t budge. What do you do? In California, you file a writ petition. Continue reading

What Are My Prospects on Appeal?

78321411We all wish we had a crystal ball to tell us how things will turn out on appeal, but the best we can do is look at the trial court’s rulings and evaluate whether there are grounds for appeal and how solid those grounds may be. Continue reading

Keep an Eye Toward an Appeal

careful_87453733Trying a case is hard enough, but throughout trial you should also keep in the back of your mind the need to preserve the record for appeal.

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Oops! Missing a Party in the Notice of Appeal

A notice of appeal is one of the simplest documents to prepare, yet human nature ensures that careless mistakes will occur.

A notice of appeal is “sufficient” if it “identifies the particular judgment or order being appealed” and is signed. Cal Rules of Ct 8.100.  But what happens when a notice of appeal neglects to name a party that intended to appeal?

One can easily imagine the harried lawyer who represents eight parties filing a notice of appeal that inadvertently names only seven of them, when the intent was for all eight to appeal. California’s rules require that a “notice of appeal must be liberally construed” (Cal Rules of Ct 8.100(a)(2)), but does that liberality extend to allowing an appeal by a party not named in the notice of appeal? Continue reading

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