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Documents on Appellate Practice
 

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HTMLMyth of Trial No Longer Governs: Alberta Embraces New Summary Judgment Test
Peter D. Banks, Scott H. D. Bower, Russell J. Kruger; Bennett Jones LLP;
Legal Alert/Article
January 19, 2015, previously published on March 18, 2014
Effecting a cultural shift, a new summary judgment test has been embraced by the Alberta Court of Appeal in Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 [Windsor]. This new test will make it easier to obtain summary judgment, which is a final disposition of a lawsuit without having to go...

 

Adobe PDFNew Amendments to Federal Rule of Appellate Procedure 6: Appeal in a Bankruptcy
Shannon L.C. Ammon; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
January 12, 2015, previously published on December 2014
On December 1, 2014, amendments to various federal rules of practice and procedure took effect. The only amendment to the Federal Rules of Appellate Procedure made three substantive changes to Rule 6, which deals with bankruptcy appeals: amending Rule 6(b)(2)(A)(ii) to remove any ambiguity...

 

Adobe PDFAppellate Tips for Trial Lawyers: Post-Trial: Fatal Lateness - Some Post-Trial Deadlines You Can’t Afford To Flub (Vol. 1, No. 15)
Feris M. Greenberger; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on May 2009
California civil and criminal litigation overlap in a crucial area: preserving your record for appeal. Although this series of short articles is mainly designed for civil trial lawyers, some "best practices" apply in every trial. Keep an eye on what our appellate-lawyer writers have to...

 

Adobe PDFAppellate Tips for Trial Lawyers: Oral Argument: Is Anyone Listening? (Vol. III, No. 2)
Cynthia E. Tobisman; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on February 2011
Appeals can be a minefield for those who don't regularly practice in the appellate courts. This series of short articles, provided by members of the Association's Appellate Courts Committee, will help you find your way. Although the articles focus primarily on California state court appeals, much...

 

Adobe PDFAppellate Tips for Trial Lawyers: Don’t Lose Track: Handling Jury Instructions at Trial (Vol. 1, No. 10)
Jens Koepke; Greines Martin Stein Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on October 2008
California civil and criminal litigation overlap in a crucial area: preserving your record for appeal. Although this series of short articles is mainly designed for civil trial lawyers, some "best practices" apply in every trial. Keep an eye on what our appellate-lawyer writers have to...

 

Adobe PDFAppellate Tips for Trial Lawyers: Offers of Proof: Avoid Waiving the Right to a New Trial or to an Appeal (Vol. 1, No. 7)
Edward Laucks Xanders; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on June 2008
To avoid waiving your right to appeal on erroneous exclusion of evidence, you must ensure the record sufficiently discloses the substance, purpose, and relevance of the excluded evidence.

 

Adobe PDFAppellate Tips for Trial Lawyers: Motion Practice: Do I Have An Appealable Order? (Vol. 1, No. 3)
Jeffrey E. Raskin; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on February 2008
I know what you’re thinking — “I don’t have to worry about the deadline to appeal until entry of judgment after trial.” But that supposedly “final” judgment is not the final word on appealability. Many prejudgment orders are appealable. A failure to appeal...

 

Adobe PDFAppellate Tips for Trial Lawyers: Down to the Details: Crafting a Special Verdict (Vol. 1, No. 11)
Carolyn Oill; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on November 2008
California civil and criminal litigation overlap in a crucial area: preserving your record for appeal. Although this series of short articles is mainly designed for civil trial lawyers, some "best practices" apply in every trial. Keep an eye on what our appellate-lawyer writers have to...

 

Adobe PDFAppellate Tips for Trial Lawyers: Part 2: Getting It Right—Challenging A Statement Of Decision (Vol. 1, No. 14)
Robert A. Olson; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on February 2009
California civil and criminal litigation overlap in a crucial area: preserving your record for appeal. Although this series of short articles is mainly designed for civil trial lawyers, some "best practices" apply in every trial. Keep an eye on what our appellate-lawyer writers have to...

 

Adobe PDFAppellate Tips for Trial Lawyers: Proceed with Caution: Pitfalls in Preparing Jury Instructions (Vol. 1, No. 9)
Alana H. Rotter; Greines, Martin, Stein & Richland LLP;
Legal Alert/Article
January 8, 2015, previously published by (a newsletter of the Los Angeles County Bar Association) on September 2008
In the rush of preparing for trial, lawyers often leave the task of drafting jury instructions until the last minute. After the trial, however, the instructions are among the first things that an appellate specialist will want to review. Why? Because they are an unusually fertile source of trial...

 


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