Law Practice,
Appellate Practice
Dec. 2, 2022
Proposed Orders – creating a solid foundation for appeal
Your goal should be for the court to use your proposed order as a starting place – something to edit, rather than starting fresh on a blank slate.
Kirstin Ault
Of Counsel
California Appellate Law Group
Kirstin is a former assistant U.S. attorney who specializes in high-stakes criminal appeals and related civil appellate litigation. Find out more about Kirstin and the California Appellate Law Group LLP at www.calapplaw.com. Appellate Zealots is a monthly column on recent appellate decisions and appellate issues written by the attorneys of the California Appellate Law Group LLP.
Proposed orders are often treated as an annoyance - another piece of paper that has to be submitted with your motion. But minor differences in the way a proposed order is written can make a tremendous difference on appeal, so prevailing parties looking to best protect their judgment should take note.
1. Ask, don't assume. Before putting in the effort to draft a thorough proposed order, make sure it's something the court actually wa...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In