Category Archives: Writs & Appeals
Beware of short deadlines in bankruptcy court appeals
A party seeking to appeal a bankruptcy court decision only has ten (10) days to file a Notice of Appeal. The Notice of Appeal must be filed with the clerk of the bankruptcy court, not with the Bankruptcy Appellate Panel … Continue reading
Common Mistakes Made By Pro Se Litigants In Appeals
Not understanding the difference between the Notice of Appeal and the opening appellate brief. Not understanding the short deadline to file the Appellant’s Notice Designating the Record on Appeal once they file the Notice of Appeal. Not understanding that critical … Continue reading
When is a “trial” not a trial? In a petition for writ of administrative mandamus.
When a Petitioner files a Petition for Writ of Administrative Mandamus or Mandate, the Superior Court schedules a trial setting conference and then a trial. However, the “trial” on a petition for writ of administrative mandate is not really a … Continue reading
In the Court of Appeal: Motion to Augment or Request for Judicial Notice?
Both a motion to augment and request for judicial notice allow parties to add matter to the record on appeal. However, which one to use depends primarily on what matter you seek to add and whether it was presented to … Continue reading
What to do when documents you designated for your record on appeal are accidentally omitted by the Superior Court clerk
If you designated material for your Record on Appeal, but find that it was accidentally omitted by the Superior Court clerk, you need to file a Notice in the Superior Court requesting inclusion of the material. Rule 8.155(b) of the … Continue reading