The Naming of 'Catz'

Manatt, Phelps & Phillips, LLP
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For all the complexities inherent in federal appellate work, the start of an appeal is - usually - a simple matter. A federal notice of appeal must satisfy four requirements: It must be timely filed; it must designate the judgment or orders being appealed; it must name the appellate court; and it must name who is appealing. Federal Rule of Appellate Procedure 3(c).

This last requirement should be the simplest. After all, there should be no difficulty for an aspiring appellant to identify its own name. But what if the appellant's name in the notice of appeal does not match the name set forth in the judgment? And what if, to correct that discrepancy, the would-be appellant files a motion to correct the judgment to list the name properly?

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