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Chartwell Law

Where Appeals Begin

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I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more

Carlton Fields

Asking for Oral Argument in the U.S. Courts of Appeals

Carlton Fields on

In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...more

Carlton Fields

The Adoption of Proposed Orders Verbatim: Avoiding Reversible Error

Carlton Fields on

In nearly all areas of the law, the parties’ submission of proposed orders to the trial court is a ubiquitous and long-standing practice. And for nearly just as long, the judiciary has recognized the significant due process...more

Ward and Smith, P.A.

Playing the Long Game: Preserving Issues for Appeal

Ward and Smith, P.A. on

Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or simply keeping track of admitted exhibits....more

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

Pullman & Comley, LLC on

Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

Holland & Hart - Your Trial Message

Interview a Live Online Panel: Seven Rules

It is taking a while to get back to normal, isn’t it? As states and businesses are starting to re-engage after the coronavirus isolation, courts are taking their time. The chances for routine scheduling, particularly for...more

Carlton Fields

Practice Makes Perfect: Mock Oral Arguments and Effective Oral Advocacy

Carlton Fields on

The key to successful oral advocacy is effective preparation. In this podcast, Carlton Fields attorneys Gary Sasso, Peter Webster, and Christine Davis discuss the importance of mock oral arguments in preparing for oral...more

McManis Faulkner

The Appellate Oral Argument

McManis Faulkner on

The Appellate Court: An exciting forum of oral advocacy; a check on the process and the decisions of our trial courts; a second chance for parties to make their case; and a place where novel and important legal principles...more

McManis Faulkner

Citation to Unpublished Cases: A Brief Comparison of Federal And California Practices [Part 3 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more

Holland & Hart - Your Trial Message

Expect Jury Leaders to Act as Individuals, not Representatives

What do we expect of our leaders? If you think about it in a political context, and if you get past your initial cynical thoughts about self-interest and corruption, then perhaps what you hope for is that our leaders make...more

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