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, indexes, and searchable thumb drive.
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 Practice
Federal 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