CA Appellate Specialist flashcards
CA Appellate Specialist · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Notice of appeal deadline
- In California, the notice of appeal is generally due 60 days after the clerk mails the file-stamped judgment or a party serves a document entitled Notice of Entry.
- Premature notice of appeal
- A notice filed after judgment but before entry is treated as filed immediately after entry of judgment under rule 8.104(d), preserving appellate jurisdiction.
- Cross-appeal timing
- A cross-appeal must be filed within the same deadline as the appeal, measured from the same triggering document; otherwise the right to affirmative relief is forfeited.
- Opening brief deadline
- The appellant's opening brief is due 40 days after the record is filed under rule 8.212(a), subject to extensions by stipulation or court order.
- Rehearing deadline
- A party may seek rehearing in the Court of Appeal within 15 days after the filing of the opinion under rule 8.268.
- Supreme Court review petition
- A petition for review by the California Supreme Court must be filed within 10 days after the Court of Appeal decision becomes final under rule 8.500.
- Record designation
- The appellant designates the record on appeal under rule 8.121, selecting the clerk's transcript and reporter's transcript needed to support the issues raised.
- Nonappealable order treatment
- The Court of Appeal may treat an appeal from a nonappealable order as a petition for writ of mandate where the circumstances warrant, under rule 8.54.
- De novo review
- Questions of law are reviewed de novo, giving no deference to the trial court's legal conclusions, including on undisputed facts.
- Substantial evidence review
- Findings of fact are upheld if any reasonable trier of fact could find them based on the whole record; the reviewing court does not reweigh evidence or credibility.
- Abuse of discretion
- Discretionary rulings are reviewed for abuse of discretion, asking whether the trial court exceeded the bounds of reason or applied the wrong legal standard.
- Preservation requirement
- A party must raise a timely objection or argument in the trial court to preserve the issue for appeal; unpreserved issues are generally forfeited.
- Invited error doctrine
- A party may not complain on appeal about an error it induced or invited in the trial court, even if the error would otherwise be reversible.
- Incomplete record presumption
- Where the appellant fails to present the entire relevant record, the reviewing court presumes the missing portions support the judgment.
- New theory on appeal
- Arguments first presented on appeal are generally not considered; reviewing courts may decline to address new theories absent exceptional circumstances.
- Ruling on objections
- A party must obtain a ruling on evidentiary objections; failure to secure a ruling may forfeit the evidentiary challenge on appeal.
- Standard of review framing
- Persuasive briefs identify and apply the correct standard of review at the outset, because it determines the deference the appellate court gives to the trial court.
- Record citations
- Each factual assertion and argument point in a brief must cite the record by volume and page and cite supporting legal authority under rule 8.204.
- Statement of facts
- The statement of facts must be supported by record citations and presented in the light most favorable to the judgment, not as an unsupported advocacy narrative.
- Word and page limits
- Opening and respondent briefs are limited, for example to 14,000 words or 50 pages under rule 8.204(c), with a certificate of compliance stating the count.
- Oral argument time
- Each side typically receives 30 minutes of oral argument unless the court orders otherwise under rule 8.256; the presiding justice controls the time.
- Table of authorities
- Briefs exceeding specified length must include a table of contents and table of authorities under rule 8.204(a)(1), aiding the court's review.
- Answering court questions
- At oral argument, concede weak points directly and redirect to the central issue; the court's questions typically signal the dispositive issues.
- Certificate of interested entities
- The certificate of interested entities or persons must be filed with the first brief under rule 8.208, disclosing parties with a financial interest.
- Final judgment requirement
- Appellate jurisdiction over a judgment generally requires a final judgment; interlocutory orders are not appealable absent statutory authorization.
- Writ of mandate
- A writ of mandate under Code of Civil Procedure section 1085 compels performance of a legal duty and is discretionary with the reviewing court.
- Writ of prohibition
- A writ of prohibition under Code of Civil Procedure section 1102 restrains a tribunal from exceeding its jurisdiction.
- Administrative mandamus
- Administrative mandamus under Code of Civil Procedure section 1094.5 reviews adjudicatory administrative decisions for substantial evidence and legal error.
- Writ petition requirements
- A Court of Appeal writ petition under rule 8.490 must include a verified statement of facts, points and authorities, and a supporting record.
- Inadequate remedy at law
- Writ review is discretionary and typically requires showing the absence of an adequate remedy at law and a beneficial interest in the relief.
- Stay pending appeal
- A stay pending appeal may be sought from the trial court or Court of Appeal, generally requiring an undertaking or a showing of entitlement under rule 8.112.
- Supreme Court original jurisdiction
- The California Supreme Court has original jurisdiction to issue writs under article VI, section 10, but grants such petitions only in extraordinary circumstances.