Lost on a Motion in Limine? Make Your Record!

The basic rule is that, if you don’t make a timely objection before or when objectionable matters are mentioned or introduced, you may not be able to raise the issue on appeal. See Evid C §353. Accordingly, if you don’t ensure that a proper record is made of any adverse ruling to a motion in limine, you may just have lost a ground for appeal. Here’s how to preserve the ground for appeal when you’re on the losing end of a motion in limine. Continue reading

Filing an Appeal? Follow 3 Steps to Drafting an Effective Statement of the Case

The appellate court probably knows the relevant law but not the facts of your case, so it will look to your appellant’s brief to fill this void. If you don’t provide an adequate statement of the case in your brief, the court will have to look to the respondent’s brief. That’s major incentive to making your statement of the case as clear and effective as possible. Continue reading

Costs Claimed Out of Whack? Move to Tax Them

507797495To the victor go the spoils. But that doesn’t mean the prevailing party can get whatever it wants in claimed costs. If you disagree with the costs listed in the prevailing party’s costs memorandum, file and serve a motion to tax costs. Here’s how. Continue reading

Did the Trial Court Get the Factual Determination Wrong?

93566901Your client lost in the trial court. Should you appeal? A key basis for appeal is that the trial court’s ruling on a question of fact was erroneous. Here’s how to go about identifying a factual determination that might form the basis of an appeal. Continue reading

5 Tips to Handling Indigent Criminal Appeals Cost-Effectively

481305729Have you considered handling criminal appeals? If you’re appointed to represent indigent appellants, this isn’t a very profitable practice area. The key to making it work financially is finding efficiencies wherever you can.  Continue reading

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

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