Judges and Judiciary,
Appellate Practice
Mar. 5, 2019
Invisible Justice
The typical appellate court decision names the judges who decided the case and specifies which is the author and which two are merely signing-on. But there are exceptions.
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
EXCEPTIONALLY APPEALING
The ordinary appellate path is well-worn: First comes paper pushing (i.e., filing the notice of appeal, record designations, and otherwise "perfecting" the appeal), followed by paper production (i.e., brief writing), then oral argument, and finally the big payoff, the written decision. At oral argument, the justices deciding the case are publicly seen and heard. And in the written decision, the ...
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