Top Tips for Respondents on Appeal to Get Your Judgment Affirmed скачать в хорошем качестве

Top Tips for Respondents on Appeal to Get Your Judgment Affirmed

As the prevailing party defending an order on appeal, you know the odds are in your favor. Statistically, 75-80% of judgments are affirmed on appeal. But 25% is still worse odds than Russian Roulette. So on this episode of the California Appellate Law Podcast, Jeff and I discuss some tips to seize maximum advantage of your superior position on appeal. The tips include: 👉 Appellants often appeal from non-appealable orders. Or they file their notice of appeal untimely. Check for these grounds for a motion to dismiss. 👉 Enforce the judgment, unless it is clearly stayed. Enforcement can put a lot of pressure on an appellant. 👉 Are there record defects? Jeff and I debate the different approaches. You can either counter-designate to add missing items, or you can argue that the appellant failed its burden to furnish a complete record. 👉 Help out the trial court’s reasoning. A judgment is appealed for its result, not its reasoning. If there are reasons the trial court didn’t think of, raise them in your respondent's brief. 👉 Did the appellant fail to cite authority? Was the opening brief scattershot without clear organization or well-developed arguments? You might argue that these poorly identified issues and arguments are forfeited. Listen to the episode here: http://bit.ly/41fwcCE ......................................................................................... Appellate Law Podcast: https://www.calpodcast.com Website: https://tvalaw.com Contact: [email protected] or (714) 641-1232