News & Analysis as of

Litigation Strategies Appellate Briefs Federal Rules of Appellate Procedure

Ogletree, Deakins, Nash, Smoak & Stewart,...

5 Issues for Every Trial Lawyer, From the Appellate Perspective

Trying to win cases is hard enough, but one thing to think about is that a case may not end at trial. There may be an appeal. And when there is an appeal, what happened at trial will be critical....more

Carlton Fields

Properly Joining in an Appellate Brief Filed in a Separate Appeal

Carlton Fields on

We previously posted on Federal Rule of Appellate Procedure 28(i), which is the rule governing the adoption of part or all of another’s brief. We initially looked at decisions addressing the burden on a party to...more

Ward and Smith, P.A.

Making Your Case: Strategies for Briefing in the Supreme Court of North Carolina

Ward and Smith, P.A. on

Appellate practice can be challenging - In complicated cases, it's made all the more challenging by the word limits often imposed by the pertinent rules of procedure. For example, in the North Carolina Court of Appeals,...more

Morrison & Foerster LLP - Federal Circuitry

Starting 2021 With a Tip

We decided to start the new year off with a little practice pointer. We noticed that the Court rejected a brief today (not ours) for failing to comply with several rules. One basis for the rejection is a rule that often is...more

Jaburg Wilk

What Exactly is That Rule About Unpublished Decisions and Can’t We Cite Them Now?

Jaburg Wilk on

For writers of any legal briefs, there is hardly anything more frustrating than finally finding a case on point, in our jurisdiction, with a “correct” holding to support our argument, but unpublished. More than 85% of the...more

Robins Kaplan LLP

New Lower Word Limits for Briefs Have Arrived at Most (But Not All) Federal Courts of Appeal

Robins Kaplan LLP on

On December 1, 2016, a set of rule amendments to the Federal Rules of Appellate Procedure became effective. The amended rules and details of the amendments can be found on the Eighth Circuit’s webpage, available at...more

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