Litigation in the Court of Appeal looks pretty easy.  After all, a brief is just like of memo of points and authorities, isn’t it? 

Well, no.

“Appellate work is most assuredly not the recycling of trial level points and authorities.”  (In re Marriage of Shaban (2001) 88 Cal.App.4th 398, 408-409 [rejecting “out of hand” the claim that “‘most of the work that would have to be done by appellate counsel on appeal had already been done in connection with the trial’”].)

Whether the proceeding is a writ petition or an appeal, the rules of the game are fundamentally different from those in the trial court.  This article covers some of the most general rules that govern appellate practice.  Your First will present several further articles focusing on specific aspects of appeals and writ petitions.

Top 6 Checklist

 Do you know the way to the Court of Appeal – what’s the
    difference between an appeal and a writ petition?
 What standards of review will apply?
 Were there proper objections, and did the trial court rule on
    them?
 Were the errors prejudicial?
 Can you stipulate to a reversal as part of a settlement?
 The briefs are everything (almost).

Author: Robin Meadow, Esq.
Greines, Martin, Stein & Richland LLP