Overcoming the Abuse of Discretion Standard
Winning on appeal under the abuse of discretion standard is a tough climb, with reversal rates in the single digits. To improve your odds, consider whether and how you can reframe the trial court’s decision as a legal error: Failing to exercise discretion is a
Amicus Briefs: How to Be a Better “Friend of the Court”
Amicus curiae briefs are powerful tools in the appellate world. But like every tool, the key is knowing when and how to use them: Be different. Amici shouldn’t join or remake a party’s arguments. Give real-world insights from industry players; policy perspectives from legal practitioners;
Should You File Post-Judgment Motions?
After receiving an adverse verdict, clients inevitably ask, “What’s our next step?” In some situations, the answer may be going straight to the Court of Appeal. But other situations warrant a round of post-judgment motions in the trial court first. Determining which path to follow
Do Unto Others – Appellate Edition
The California Bar recently added “Civility” as a required continuing education topic for lawyers. In appellate work as elsewhere, behaving with the maximum courtesy that circumstances allow will advance your client’s long-term interests. California appellate courts expect counsel to stipulate to requests for briefing extensions
Dicta or Holding?
Your opponent may try to marginalize favorable language in a court decision that you rely on by calling it “dicta.” That begs the question: what is the dividing line between a case’s holding and dicta? A few rules can guide your analysis: Dicta consists of
The Oral Argument Paradox
The justices often begin argument by instructing counsel not to repeat what is in their briefs. On the other hand, you can’t raise anything new. But if you can’t say anything old or new, what can you say? This is your opportunity to re-think how
Four Ways To Create A Clear Record For Appeal
One key to success on appeal is creating a clear and complete record. Here are ways to create such a record that are often overlooked in the heat of trial: Ask the court reporter to transcribe sidebars and in-chambers conferences. If that’s not possible, summarize
Why Headings Matter in Appellate Briefs
Under California appellate rules, briefs must state each point under a separate heading or subheading. Appellants and respondents alike should heed this requirement, as both persuasion and preservation may depend on it. Some practice tips to consider: Many appellate courts will deem an argument forfeited
Don’t Wait—Make The Jury Redeliberate
Special verdict forms can be confusing for juries. If the jury returns a special verdict unfavorable to your client, review the completed verdict form for errors, ambiguities and inconsistencies before the court discharges the jury. Otherwise, you risk forfeiting a challenge to the verdict form
Tick Tock: Deadlines For Statutory Writs
It is easy to be lulled into a sense of security about the timing of writ petitions. Generally, writ relief can be sought as long as you do not unreasonably delay, which typically means you should file within 60 days. But when writ relief is
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Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.
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