Posted on October 17, 2014 by Julie Brook, Esq.
To 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
Filed under: Appeals, Civil Litigation, Legal Topics, Litigation Strategy | Tagged: cost memorandum, motion to strike costs, motion to tax costs, post-trial motion, prevailing party, trial costs | Leave a comment »
Posted on August 4, 2014 by Julie Brook, Esq.
Your 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
Filed under: Appeals, Litigation Strategy | Tagged: appeal, appealing a verdict, appellate counsel, deciding to appeal, factual determination, filing an appeal, grounds for appeal, litigation, trial attorney, trial court error | 2 Comments »
Posted on May 7, 2014 by Julie Brook, Esq.
Have 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
Filed under: Appeals, Criminal Law, Legal Topics, Litigation Strategy, Practice of Law | Tagged: appointed counsel, cost-saving tips, criminal appeals, criminal defendants, indigent client, indigent criminal appeals, law practice management | 2 Comments »
Posted on August 16, 2013 by Julie Brook, Esq.
We 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
Filed under: Appeals, Litigation Strategy, Uncategorized | Tagged: appeal, appealing a ruling, appealing a verdict, appellant, erroneous ruling, prospects on appeal, trial court error | 4 Comments »
Posted on May 20, 2013 by Julie Brook, Esq.
Trying 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.
Filed under: Appeals, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: appeal, appellate court, record on appeal, trial | 3 Comments »
Posted on February 23, 2010 by Julie Brook, Esq.
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
Filed under: Appeals, Litigation Strategy | Tagged: notice of appeal, party names | 1 Comment »