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Seeking Review by the California Supreme Court

The Problem If you lost in the Court of Appeal, you can then ask the California Supreme Court to hear your case, via a "petition for review". The Supreme Court denies over 95% of these…

Filing the Notice of Appeal

In recent columns, I’ve discussed how trial lawyers might help appellate lawyers overturn defeats (or preserve victories) by doing certain things in the trial court — like setting up a good record for…

Setting Up An Appeal - in the Trial Court

I’m a pretty good appellate attorney, but I’m not good enough to win an appeal with a lousy trial court record. And I’m stuck with what the trial lawyer gives me. I’m not allowed to add any evidenc…

Preparing the Statement of Decision

Here is how a trial lawyer might set up the statement of decision to give her appellate lawyer the best chance of winning on appeal. The Request If you lose a bench trial, you are entitled to have…

California Supreme Court Merits Review

A few years ago, Boalt Hall Professor David Carillo hosted a marvelous conference on the California Supreme Court. More than 200 lawyers heard Chief Justice Tani Cantil-Sakuaye, Justices Goodwin Liu,…

A Different Box - Part III

Let’s think outside the box of American appellate procedure. Let’s consider the British box. We inherited our common law system from the Brits – both substance and procedure. This included appel…

A Different Box - Part II

You’ve heard the term “comparative law.” What does it mean? Essentially, you take a body of law or procedure of one country (or tribe), lay it down next to that of another country, and explore the simil…