Appellate
FAQs
How Do I Begin
an Appeal?
How Carico Law Conducts
an Appeal
What Are the Deadlines
for
Filing an Appeal?
Video FAQs
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Frequently Asked Questions
How Carico Law Conducts
Appeals
The steps David takes as an appellate
attorney to prepare an appeal is much
different than those taken by trial counsel. There are as
many variables in
approaching an appeal as there are types of appeal, which
is why the intake review
is key to how David prepares the brief.
Among the factors involved is the volume of records he must
review, and the
complexity of the issues presented by the case. Once he has
a handle of the
pertinent trial issues, David can methodically break down
the pieces and analyze
the trial in an objective manner such as what trial errors
may have been committed
or identify evidence not presented or improperly excluded.
Before of notice of appeal
• Perform Intake Review; talk with client and trial counsel to determine
what
issues may be important, and anything pertinent that may
not appear in the
court records.
• Determine if the order or judgment is appealable or if a writ must
be taken,
and whether there is standing to appeal.
• Determine if a notice of appeal has been filed within statutory time
limits,
and take necessary steps to file notice.
• Have client prepare a witness list [.doc
format] [.pdf format]
and chronology [.doc
format] [.pdf format].
• Obtain all records in the client’s possession to obtain identifying
information
about the case and potential issues.
After notice of appeal
• Within 10 days of filing notice of appeal, designate the record in
civil cases.
• Examine the court docket to determine what hearings should be obtained.
• Contact the court reporters and order the necessary transcripts.
• Examine the superior court file and exhibits.
• Once the record is filed in the appellate court, then read and summarize
the clerk’s transcript (court minutes, motions) and
reporter’s transcript
(oral hearings reported by court reporter).
• Request augmentation of the appellate record to include missing transcripts
if needed.
• Make a list of issues [.doc format]
[.pdf format]
as I am reading the transcripts.
• Determine whether further witnesses should be interviewed and perform
necessary interviews.
• Consult with client regarding issues to determine if anything is missing.
• Consult with experts who testified and independent experts as necessary.
• Request further time from appellate court to prepare brief if needed.
Researching and writing the appeal
• Legal research–review of statutes, cases, law review articles
pertinent
to the issues.
• Draft an outline of the argument.
• Draft the opening brief, make final edits
• File opening brief with the Court of Appeal
Post filing of appellate brief
• Review the opposing party’s respondent’s brief.
• Request transfer of exhibits to court of appeal if needed.
• Read pertinent cases and statutes cited by respondent.
• Prepare appellant’s reply brief.
• Request oral argument when notice is given by court that the case is
ready for argument.
• Review all briefs in preparation for argument.
• Look for recent case law decided since briefs filed that are pertinent
to the
issues, and inform court of the authority by letter.
• Present argument in court.
• Review opinion issued by Court of Appeal
Final actions
• If case is reversed, send letter with opinion to trial court.
• If case is affirmed, consider petition for rehearing and/or petition
for review
to Supreme Court.
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