Appellate Court Tips

DOJ Department Of Justice defines, appeal and appellate as;

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.

Some tips a Judge / court recomends about Appeal of a case

Appellate practice tips from ND judges to lawyers and their clients

"To write clearly and to speak clearly, you first must think clearly." —Elmer Lower, former president of ABC News.

Mailing the notice of appeal is not the same as filing the notice of appeal. See, e.g., State v. DuPaul, 527 N.W.2d 238, 243 (N.D. 1995).

Make sure you are appealing something appealable. Not every order or ruling that may be reviewed on appeal is itself appealable.

Notice of appeal in a post-conviction proceeding must be filed within 60 days of service of notice of entry of judgment. If notice of entry is not served, the 60-day appeal period is not triggered.

The standard of review most often determines the outcome of the appeal. Trial judges rarely have abused their discretion. Findings of fact usually aren't clearly erroneous. Most reversals are on questions of law, which are reviewed de novo. (But clearly established precedent is seldom overruled.)

When your client wants to appeal as a matter of principle, tell the client how much principal it will take.
Be respectful, but also be self-respectful.
Seek to persuade, not to show how much you know.
You serve your client by maintaining your own credibility.
Omitting key facts destroys your credibility when the other side points them out.
Acknowledge obvious weaknesses in your case and explain why you should win anyway.
Tell the Court clearly why you think your position is correct.
Be a resource to the Court to help it understand the law and the facts.
Drop the hyperbole!!!
Cheap shots at the other side will only hurt your case.

Summary judgment can't be reversed on appeal based on what you wish you had presented in the trial court, only on what was presented as competent evidence in the trial court.

Justices don't like to have to look for the pony.
When you discover you are riding a dead horse, the best strategy is to dismount.

The Record

The appellant assumes the consequences and the risk for the failure to file a complete transcript. See Sabot v. Fargo Women's Health Organization, 500 N.W.2d 889 (N.D. 1993).

If no verbatim record of the evidence or proceedings at a hearing or trial was made or no transcript is available, the record may be supplemented as provided by rule.

If the transcript contains errors, a motion to correct the record should be made to the trial court.

If material considered by the trial court is not in the record, a motion to correct the record should be made to the trial court.

The Clerk of the Supreme Court and the Chief Deputy Clerk are lawyers specializing in appealability and Rules of Appellate Procedure.
 
Appellate rules are not hoops to jump through, but means to promote fairness and to help the Court do its job.
The Clerk of the Supreme Court enforces the rules and carries out the directives of the Court.
Comply with deadlines set by the Supreme Court Clerk's Office.

Do not ignore correspondence from the Supreme Court Clerk's Office requesting case information or directing specific action.

See also Stays

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