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 Introduction to Litigation Appeal Appeals are too complicated for me to give you a guide on how to do one. Appellate courts have their own set of rules, called the Rules of Appellate Procedure. In my experience (and I have a lot because I clerked on the federal Court of Appeals for the Seventh Circuit) , appellate courts are sticklers for the rules. I once had to replace the covers on 15 briefs because I used a semicolon instead of a comma. There are rules about when things must be done; the length of briefs; margins; the color of the cover; how the brief must be bound (there is only one shop in Madison that can bind a brief in the manner required by the Wisconsin appellate courts); etc., etc. etc. And those are only the procedural rules. There are a ton of rules that you can find only in cases, addressing such things as what issues can be addressed on appeal. The secret sauce for writing an appellate brief is knowing the standards of review. When appellate courts review issues, they follow certain rules about how they will treat the trial court's decision of the issue. For example, if the question is whether a trial court applied the correct law, the review is de novo, meaning that the court of appeals will decide the question independent of the trial court's decision. If you want a judgment reversed, you want to persuade the court of appeals that is review should be de novo. The other end of the scale is the abuse of discretion standard. For example, trial judge's have almost unquestioned power over how they conduct the business in their courts. If your issue is about how the judge ran their court, the issue will be reviewed under the abuse of discretion standard and you facing an uphill battle. The State Bar has an excellent book on Appellate Practice and Procedure in Wisconsin. Even though I have extensive appellate experience, I keep the book open on my desk. I never assume that I remember a rule correctly because even the smallest violation -- like my experience with semicolons and commas-- can have unpleasant consequences. The appendices include the best explanation of the standards of review I have ever seen. Bottom line: you are better off hiring a lawyer with appellate experience.
NEXT: The Law Governing Notes
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The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
 Introduction to Litigation Appeal Appeals are too complicated for me to give you a guide on how to do one. Appellate courts have their own set of rules, called the Rules of Appellate Procedure. In my experience (and I have a lot because I clerked on the federal Court of Appeals for the Seventh Circuit) , appellate courts are sticklers for the rules. I once had to replace the covers on 15 briefs because I used a semicolon instead of a comma. There are rules about when things must be done; the length of briefs; margins; the color of the cover; how the brief must be bound (there is only one shop in Madison that can bind a brief in the manner required by the Wisconsin appellate courts); etc., etc. etc. And those are only the procedural rules. There are a ton of rules that you can find only in cases, addressing such things as what issues can be addressed on appeal. The secret sauce for writing an appellate brief is knowing the standards of review. When appellate courts review issues, they follow certain rules about how they will treat the trial court's decision of the issue. For example, if the question is whether a trial court applied the correct law, the review is de novo, meaning that the court of appeals will decide the question independent of the trial court's decision. If you want a judgment reversed, you want to persuade the court of appeals that is review should be de novo. The other end of the scale is the abuse of discretion standard. For example, trial judge's have almost unquestioned power over how they conduct the business in their courts. If your issue is about how the judge ran their court, the issue will be reviewed under the abuse of discretion standard and you facing an uphill battle. The State Bar has an excellent book on Appellate Practice and Procedure in Wisconsin. Even though I have extensive appellate experience, I keep the book open on my desk. I never assume that I remember a rule correctly because even the smallest violation -- like my experience with semicolons and commas-- can have unpleasant consequences. The appendices include the best explanation of the standards of review I have ever seen. Bottom line: you are better off hiring a lawyer with appellate experience.
 MORTGAGE RIGHTS
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
 Introduction to Litigation Appeal Appeals are too complicated for me to give you a guide on how to do one. Appellate courts have their own set of rules, called the Rules of Appellate Procedure. In my experience (and I have a lot because I clerked on the federal Court of Appeals for the Seventh Circuit) , appellate courts are sticklers for the rules. I once had to replace the covers on 15 briefs because I used a semicolon instead of a comma. There are rules about when things must be done; the length of briefs; margins; the color of the cover; how the brief must be bound (there is only one shop in Madison that can bind a brief in the manner required by the Wisconsin appellate courts); etc., etc. etc. And those are only the procedural rules. There are a ton of rules that you can find only in cases, addressing such things as what issues can be addressed on appeal. The secret sauce for writing an appellate brief is knowing the standards of review. When appellate courts review issues, they follow certain rules about how they will treat the trial court's decision of the issue. For example, if the question is whether a trial court applied the correct law, the review is de novo, meaning that the court of appeals will decide the question independent of the trial court's decision. If you want a judgment reversed, you want to persuade the court of appeals that is review should be de novo. The other end of the scale is the abuse of discretion standard. For example, trial judge's have almost unquestioned power over how they conduct the business in their courts. If your issue is about how the judge ran their court, the issue will be reviewed under the abuse of discretion standard and you facing an uphill battle. The State Bar has an excellent book on Appellate Practice and Procedure in Wisconsin. Even though I have extensive appellate experience, I keep the book open on my desk. I never assume that I remember a rule correctly because even the smallest violation -- like my experience with semicolons and commas-- can have unpleasant consequences. The appendices include the best explanation of the standards of review I have ever seen. Bottom line: you are better off hiring a lawyer with appellate experience.
 MORTGAGE RIGHTS
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
 Introduction to Litigation Appeal Appeals are too complicated for me to give you a guide on how to do one. Appellate courts have their own set of rules, called the Rules of Appellate Procedure. In my experience (and I have a lot because I clerked on the federal Court of Appeals for the Seventh Circuit) , appellate courts are sticklers for the rules. I once had to replace the covers on 15 briefs because I used a semicolon instead of a comma. There are rules about when things must be done; the length of briefs; margins; the color of the cover; how the brief must be bound (there is only one shop in Madison that can bind a brief in the manner required by the Wisconsin appellate courts); etc., etc. etc. And those are only the procedural rules. There are a ton of rules that you can find only in cases, addressing such things as what issues can be addressed on appeal. The secret sauce for writing an appellate brief is knowing the standards of review. When appellate courts review issues, they follow certain rules about how they will treat the trial court's decision of the issue. For example, if the question is whether a trial court applied the correct law, the review is de novo, meaning that the court of appeals will decide the question independent of the trial court's decision. If you want a judgment reversed, you want to persuade the court of appeals that is review should be de novo. The other end of the scale is the abuse of discretion standard. For example, trial judge's have almost unquestioned power over how they conduct the business in their courts. If your issue is about how the judge ran their court, the issue will be reviewed under the abuse of discretion standard and you facing an uphill battle. The State Bar has an excellent book on Appellate Practice and Procedure in Wisconsin. Even though I have extensive appellate experience, I keep the book open on my desk. I never assume that I remember a rule correctly because even the smallest violation -- like my experience with semicolons and commas-- can have unpleasant consequences. The appendices include the best explanation of the standards of review I have ever seen. Bottom line: you are better off hiring a lawyer with appellate experience.
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.  MORTGAGE RIGHTS