Appellate Practice
Jun. 13, 2012
Consider whether a court order constitutes a final decision befor filing an appeal
Don't spend months, even years, preparing arguments and records only to find out that the court will not hear your case on the record. By Blair Schlecter
When you as a litigator have a trial court order you wish to appeal, the first two questions to consider are: the deadline to file any appeal; and whether the order is appealable. There are other considerations as well, but these two threshold issues must be evaluated before you move forward.
A recent case in the 9th U.S. Circuit Court of Appeals demonstrates the importance of making sure you have an appealable order. It also demonstr...
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