Category Archives: Citations to the Record

A Benchslap By Judge Gorsuch. And It’s A Really Good One, Too.

17 Monday Apr 2017

Posted by in 10th Circuit Court of Appeals, 10th Circuit Practitioner's Guide, Appellate Judges, Appellate Law, Appellate Record, Benchslap, Citations to the Record, Immigration Law, Judges

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Benchslap Of The Day: No More Mr. Nice Guy, by David Lat, Above The Law Blog

http://abovethelaw.com/2015/03/benchslap-of-the-day-no-more-mr-nice-guy/

It’s Monday, which makes it a good day for a good old-fashioned benchslap!

Our Judge for today’s benchslap is none other than newly appointed Justice Neil Gorsuch of the United States Supreme Court, back when he was at the United States District Court for the Tenth Circuit. Judge Gorsuch’s opinion is an excellent lesson on the basic elements of a successful appeal. An immigration lawyer ignored the Court’s local rules. A serious mistake, and a thorough benchslap. -CCE

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An Expert’s Guide To Formatting An Appellate Brief.

20 Saturday Jun 2015

Posted by in Appellate Law, Appellate Writing, Brief Writing, Citations, Citations to the Record, Court Rules, Courts, Legal Writing, Local Rules, Table of Authorities

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How to Format an Appellate Brief, by Deborah Savadra, Lawyerist Blog

(Deborah Savadra is editor and chief blogger at Legal Office Guru, which offers The WordPerfect Lover’s Guide to Word as well as Microsoft Office video tutorials. You can follow her on Twitter at @legalofficeguru.)

https://lawyerist.com/70334/format-appellate-brief-microsoft-word/

Appellate briefs are not a project for beginners. And, regardless of what you read in this tutorial, you must follow your appellate court rules to the letter.

When your court’s rules tell you that it wants citations done a certain way, it mean exactly that. If the court’s rules say a brief must not go over a certain number of pages, do not even think about “fudging” the rules by changing the font, page size, or line spacing.

You see, all courts, not just appellate ones, write local rules for a reason. Whatever “trick” you may try to skirt around those rules, that court has already seen it and knows it when it sees it again. Courts take their local rules seriously, and so should you.

There are many posts and articles posted on my blog about the strategy and nuances of writing appellate briefs, as well as many excellent books on the subject. This tutorial will help you with the nuts and bolts of writing the bare bones, which is always useful regardless of your writing proficiency.

I also highly recommend Ms. Deborah Savadra’s blog, Legal Office Guru. She does an excellent job. -CCE

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The appellate brief is undoubtedly one of the most complex pleadings, formatting-wise. Formatting requirements vary from court to court, going so far as to dictate the size and font of your type, your margins and your line spacing. (If you’ve ever had to do a U.S. Supreme Court brief, I feel your pain.) Even before you consider the text of your argument, you have to wrap your head around which pages have which style of page numbers, whether you must furnish a table of authorities, and how you have to deal with any appendices or references to the record. . . .

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Good Advice On How to Avoid Embarrassing Mistakes In An Appeal.

16 Sunday Feb 2014

Posted by in 5th Circuit Court of Appeals, Appellate Law, Bad Legal Writing, Brief Writing, Case Law, Citations, Citations to the Record, Legal Analysis, Legal Writing, Mandatory Law, Primary Law, Proofreading, Research, Statement of Facts, Texas Supreme Court

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Common Mistakes Seen in Appellate Petitions and Briefs, by Chad M. Ruback, Appellate Lawyer

http://news.appeal.pro/appeals-to-texas-supreme-court/appellate-petitions-and-briefs/

Mr. Ruback served as a briefing attorney to the Fort Worth Court of Appeals. Here he shares the common mistakes that are normally seen in appellate writing. Because an appellate court never questions witnesses or hears evidence, the written documents submitted by the parties are all it has upon which to base its ruling. Sloppy and lengthy garbled arguments simply will not do. Mr. Ruback’s comments are worth noting.

I would like to add to Mr. Ruback’s list – neglecting to verify the accuracy of the appellate record while it remains in the jurisdiction of the trial court. It is a simple exercise to compare the record compiled by the trial court clerk using the Designation of Record and Counter-Designation of Record to make sure that the record is accurate.

This may seem a waste of time until the appellate record includes a deposition that was never admitted into evidence or a crucial piece of evidence is overlooked by the court clerk who assembled record for the appeal. No one is perfect; mistakes can happen.

Too often, counsel ignore this simple step. Personally, I would make sure the person you send to check the record put the trial exhibits together and/or was part of the trial team. Or to put it another way – how do you explain to a client that you couldl have avoided the appeal’s fatal flaw if you had checked the record before it was sent up on appeal? -CCE