What’s Your Authority For That?
Clear, concise legal writing is more important than ever, with court closures leading to motions being decided on the papers and creating a backlog for judges to sort through when the courts reopen. Tailor your use of legal authorities to help the judge quickly see
A Moment of Gratitude
Two months ago, COVID-19 closed most of California’s civil court system—the largest in the world. And nearly all courts remain shuttered except for true emergencies. But there is one major exception: the appellate courts. Their work does not require large gatherings, and most of it can
Can You Hear Me Now?
Although some appellate courts have cancelled or postponed oral arguments in light of the current pandemic, others are forging ahead with arguments via phone or videoconference. Here are some pointers for arguing remotely: Find out in advance what platform the court will be using, and
Slay The Footnotes
Are footnotes in appellate briefs really so bad? Yes, they are. If you must use them temporarily to store ideas while drafting, be sure to remove virtually all of them before you file. Here’s why. Distraction. Most of us have trouble following an argument if told to
Prime Real Estate
Legal writing, like any other type of writing, should strive to keep the reader’s attention. But any reader faced with a huge stack of paper (or the digital equivalent) is likely to lose focus eventually. That makes the first pages of any brief or other
Ways To Blow It
If you expect to take a case to judgment, preserving the right to appeal is vital. The same may (or may not) be true if you’re settling subject to decisions yet to come from the trial court. Here are some ways that even experienced lawyers and sophisticated clients can and do forfeit the chance to appeal—along with tips to help ensure you don’t give up more than you intend.
Tough Questions
Interlocutory rulings generally are not appealable—the Court of Appeal will review them only on appeal from the final judgment. Many litigators know they can seek immediate discretionary review via a writ petition. But fewer know of a procedural tool that can improve the chances of
We Didn’t Notice That!
Trial counsel often ask if judicial notice can get facts in front of the Court of Appeal that were not presented to the trial court. The answer is: It’s possible, but unlikely. And even if the appellate court uses its power to judicially notice new
Hurry up!
The Code of Civil Procedure’s expedited jury trial framework can be an attractive option for resolving a case quickly and economically. But be aware that the expedited procedure requires giving up important post-trial and appellate rights: By agreeing to expedited process, the parties forfeit motions
Get It In Writing
From the appellate court’s perspective, “if it isn’t in the record, it didn’t happen.” And California trial courts stopped providing reporters for most civil cases years ago. While everyone knows that a reporter is crucial at trial to ensure an adequate appellate record, there are
Who We Serve
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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