Thursday, November 21, 2013

DJ packed with appellate goodness this week

Don't miss John Taylor's article in the DJ this week (The 'Bring Your Own Transcript' Approach to Civil Appeals) which very helpfully explains recent and coming changes to your California appellate practice. New Rule 8.144 takes effect January 1, 2014, so be ready for new and improved RT rules (and, of course, new fees, naturally).

Also, be sure to read Tips from Justice Liu on Brief Writing ("by" Dan Smith and Ben Feuer) relating nine briefing tips Justice Goodwin Liu offered recently to the BASF:
1. Let perfection be the ally of the good.
2. Keep sight of the forest as well as the trees.
3. The structure of your organization must be clear.
4. Balance authority with logic and reasoning.
5. Show expertise to enhance credibility.
6. Show that you know your audience.
7. State the rule the court should adopt.
8. Clarify the limits of your position.
9. Give the court options.

Nine Hot Tips
And in Monday's issue, there was an article about the 9th Circuit's En Banc process (In 9th Circuit, En Banc Decisions Leave Judges' names out; despite dissent, decisions remain veiled on whether full court rehears a case). As the article explains, although some circuits release en banc votes, in the Ninth Circuit, "secrecy rules ... when it comes to one of the court's most crucial tasks: deciding whether to rehear an important case en banc." Judge Reinhardt has been trying to make the court's votes transparent.