Appellate Practice in Federal and State Courts
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Senior U.S. Circuit Judge, U.S. Court of Appeals for the Third Circuit
Appellate Practice in Federal and State Courts is a complete guide to the appellate process for both practitioners and students. From preserving issues for appeal to preparing winning motions, skilled appellate lawyers provide insights on key considerations at every stage.
What questions should you ask a client before undertaking an appeal? What can “thaw” the “frozen record” from lower courts? What are the mechanics of petitioning for a writ of certiorari? This valuable new book offers step-by-step advice, strategic thinking and insights on critical issues before, during and after an appeal.
Topics covered include: the decision to appeal; preserving issues for appeal; standards of review; standing to appeal; timely filing; how courts view the “Record on Appeal”; appellate motion practice; using amicus briefs effectively; preparing persuasive appellate briefs and oral arguments; post-appeal proceedings; review by courts of last resort; the use of information technology in appellate courts; and how to develop and market an appellate practice.
Whether you are a newcomer or a veteran practitioner, whether you need guidance on appellate motion practice or on marketing an appellate practice, Appellate Practice in Federal and State Courts is an essential reference.
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Evaluating an Appeal
§1.01 Understanding and Assessing The Task Ahead
 Know The Statistical Chances of Winning on Appeal
 Time and Money
 Is There a Match?
 The Engagement Letter
 Should We Win?
 Can We Win?
 Evaluating the Record on Appeal
 Identifying Winning Issues or Facts
 Voluntary Appellate Settlement Conference Programs
Preserving Issues For Appeal
§2.02 The Record
 Get a Ruling on the Record
 An Appellate Court Cannot Look Outside the Record
 The Proper Means to Correct or Modify the Record
 At Trial
 Post-Trial and Post-Judgment Motions
Preserving Issues For Appeal
§3.01 The Meaning of Standard of Review
§3.02 The Importance of Standard of Review
§3.03 Determining the Standard of Review
 Issue of Discretion or Law?
 Issues of Fact
 Mixed Questions of Law and Fact
 Discretionary Matters
§3.06 Issues and Arguments Raised for the First Time on Appeal
§3.07 Harmless Error
§3.08 Final Words to Appellate Advocates
Stays and Supersedeas
§4.02 Automatic Stays
 During Appeal
 Stays During Postjudgment Proceedings
 Federal Courts' Use of State Provisions
 Private Agreements
 Cash Deposit in Lieu of Bond
 Supersedeas Bond
 Other Types of Judgments
 Form of Bond and Requirements for Sureties
 When the Prevailing Party Appeals
 Effect of Tort Reform
 By Appellate Court
 Recovery of Supersedeas-Bond Premiums as Costs
 Certiorari Proceedings to the Supreme Court
Notice of Appeal, Standing