Authored by over 30 experts in the field of federal appeals, this practical guide explores appellate practice in the Third Circuit Court of Appeals. Topics addressed include: operation of the clerk’s office, mediation, electronic filing, preserving issues, motion practice, the scope and standard of review, brief writing, oral argument, post-judgment proceedings, specialized appeals, and more. Includes a detailed table of contents and indexes.
Summary of Contents
Part I: Introduction to the Third Circuit and Administrative Functions
- Operation of the Clerk’s Office
- Appellate Mediation
- Electronic Filing
Part II: Getting Started
- Now That the Trial Is Over: Preserving Issues on Appeal in the Federal Court System
- Should I Appeal? Ethical and Practical Issues
- May I Appeal? Basics of Appellate Jurisdiction and Writ Relief
- Should I Retain Appellate Counsel?
- Persons Who May Take or Participate in Appeals
- The Initial Steps
- The Record on Appeal and the Appendix
- Motion PracticeFederal Court Certification of State Law Questions
Part III: The Heart of the Matter
- Standards of Review
- The Significance of Precedent and Identifying and
- Selecting the Issues
- Brief Writing—In General
- Brief Writing—Formal and Technical Requirements
- Amicus Briefs
- Oral Argument
Part IV: Post-Judgment Proceedings
- Petitions for Rehearing
- Costs, Judgment, and Mandate Issues
- Certiorari
- Frivolous Appeals and Sanctions
- The Effect of the Appellate Court Decision
Part V: Specialized Appeals
- Criminal Appeals and Habeas Corpus
- Immigration Appeals
- Bankruptcy Appeals
Part VI: Pro Bono Representations and Appointments
Part VII: Unique Perspectives of Lawyer Turned Judge and Judge Turned Lawyer
Part VIII: Indexes
- Table of Cases
- Table of Rules and Statutes
- Subject Index