As the year draws to an end and another one begins, here are five important appellate tips:
1. When you are on trial there is always the possibility that you will be unhappy with the Court’s decision and order after trial and want to appeal the Court’s decision and order. To be prepared to timely file your appear, it is important to order daily transcripts throughout the trial.
This will not only provide your trial counsel the benefit of having the transcripts as the trial continues, which is helpful with cross-examination, post-trial briefs, etc., you will already have the transcript to show to your appellate counsel. This will allow your appellate counsel to timely serve and settle the transcripts which is part of the appellate process.
2. It is important that trial counsel make all necessary objections. For example, if trial counsel does not object to a certain line of questioning, the issue might not be preserved for review on appeal. If the issue is not preserved for appeal, than this issue cannot be appealed.
3. There are a number of appellate printers available to assist during the appellate process. It is important that you find a qualified and cost effective appellate printer. While most appellate attorneys have a favorite appellate printer that they regularly use, it is important to shop around and get estimates from time to time as prices can often vary.
4. Attend oral argument if it is an appeal that can be argued. It is common for the bench (the panel of appellate judges hearing your case) to have questions that they want to ask after they have read your brief(s). The Second Department is a hot bench and the judges are familiar with the briefs. It is important that your appellate counsel knows the record, the briefs, and the case law to effectively argue your matter.
5. If you are unable to perfect your brief in a timely manner, seek an extension from the appellate division before your time to appeal expires.
The attorneys at Capetola & Divins, PC are experienced appellate counsel who can properly assist litigants with the appellate process. Inasmuch as time is of the essence in deciding whether or not to file a Notice of Appeal or an application seeking permission to appeal, consultation with an appellate attorney should take place as soon as possible after the order is received.
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