Setting Up the Appeal in the Trial Court
MOTIONS FOR SUMMARY JUDGMENT—AVOID “THE UMF TRAP”!
During my career handling civil appeals, I would guess that about half of them involved motions for summary judgment. Why? While the rules lean towards denial—to preserve the right to trial—in practice many Superior Court judges lean towards granting them, in order to cut down on time-consuming jury trials. So I’ve learned a lot about…
Read MoreBITING THE HAND—REDUX
A while back, I wrote a short series of columns setting out my gripes about our appellate courts. I called the series Biting the Hand that Feeds Me, because I earn my bread by winning cases in those courts. According to my business manager (a.k.a. wife), incurring their wrath might cost me some slices. But…
Read MoreTRIAL COURT WINNERS CAN BECOME APPELLATE COURT LOSERS
Besides handling appeals, I also consult with trial lawyers before and during trial—about how to set things up for a potential appeal, either to protect a trial victory or to overturn a trial loss. Things like how to draft a special verdict form that helps lay people produce clear findings that are not inconsistent with each…
Read MoreFiling 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 appeal. But there’s one more task—the most important one: properly filing the notice of appeal. If you screw up this one, there is no appeal. The…
Read MoreSetting 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 evidence or documents to it. It’s up to you, the trial attorney, to make sure that your appellate…
Read MorePreparing 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 the judge sign “a statement of decision explaining the factual and legal basis for its decision as…
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