APPELLATE PRACTICE WITH CHARLES MARSHALL 6PM EDT TONIGHT

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We hardly ever address appellate practice on these pages or the Neil Garfield Show. Tonight Charles Marshall, California Attorney, discusses basic factors on appeal.

1. What is an appeal?
2. When should notice of appeal be filed?
3. What does an appellate panel or judge consider on appeal?
4. What are the issues on appeal?
5. Can new facts be introduced on appeal?
6. Can jurisdictional issues be brought up for the first time on appeal?
7. When does oral argument occur?
8. What kinds of decisions are made by appellate court?
9. Is there always a written decision issued by the judge or panel?
10. What happens after the appellate judge or panel renders a decision or opinion?

And just a side note: At a CLE seminar given some years ago one of the presenters was a Bankruptcy Judge. She questioned why more people did not take the lateral route of appeal to the Federal District Judge where there is, according to her, a 50% chance of success compared with 10-15% in a BAP or Circuit Court appeal. It still seems that most lawyers and pro se litigating think that the higher the court the better their chances. The statistic’s don’t seem to bear that out. To the contrary, keeping the appeal local where the District Judge reviews the decision and practice of the Bankruptcy judge bears more fruit.

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