1 / 15

Judgment on Appeal

Judgment on Appeal. T he Court prepares, not the party . Purpose and content . Formally ends an appeal and signed by a justice or judge. Generally recites when and how the case was deposed of, the court, and the disposition.

moira
Télécharger la présentation

Judgment on Appeal

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Judgment on Appeal The Court prepares, not the party

  2. Purpose and content • Formally ends an appeal and signed by a justice or judge. • Generally recites when and how the case was deposed of, the court, and the disposition. • With a money judgment, the judgment will contain any instructions to the lower court on interest.

  3. Filing of the Judgment and Impact of Filing • Filed by clerk of the court and served on all parties. • Also filed with lower court or agency. • Intermediate Court judgment is effective 31 days after entry or upon the expiration of an extension application for certiorari.

  4. Impact if certiorari application is filed • Intermediate Court judgment becomes effective when the application is rejected or dismissed or the entry of an affirming order. • If the Supreme Court modifies in any way the Intermediate Court, then the Supreme Court prepares and files the judgment. • Note: Judgment terminates appellate jurisdiction, not the filing date of the opinion.

  5. Application for Writ for Certiorari When to File 30 days after Intermediate Court Judgment or order of dismissal unless an extension is requested.

  6. Extension request • Can request an extension within the 30 day period with the clerk of the court • Clerk will extend another 30 days for a total of 60 days. • Good idea to call the Clerk’s office to alert the office of the request since the request is filed electronically.

  7. Contents of Application • Denomination—petitioner/and lower court or agency denomination • Everyone else ---respondents • 12 page limit –statement of questions (questions not presented are lost unless plain error) ; statement of prior proceedings; short statement of the case (i.e. facts, etc); brief argument with authorities. Should point out grave errors, inconsistent decisions. Attach opinion below.

  8. Response to Application • Do not have to file a response, but you should. • When: 15 days after the application filed. • Who: Any party. • What to say: If you oppose, the reasons why the application should be denied or the reasons for support of the application. • Reply: any party may file a reply in support of the application.

  9. Determination • No oral argument, unless the court requests. • Acceptance or rejection within 30 days after an objection is filed or could have been filed. • If the Supreme Court fails to accept within 30 days, it is an automatic rejection. • No motion for reconsideration. • Acceptance or rejection is discretionary.

  10. Acceptance of Application • About a 25 percent rate of acceptance. • Normally decided on the existing record. • Supplemental briefing can happen. • By the court or by motion for permission within 10 days from acceptance. • Questions may be limited by the court. • Any time before final disposition, court may dismiss the proceeding. • Oral argument may be requested by the Court.

  11. Applications for Transfer • Jump to Supreme Court rather waiting for an Intermediate Court decision or disposition. • Certain circumstances require transfer. • When to file: after the appeal is docketed (10 days after) , during briefing, or after briefing (20 days after last brief). • Agreed statement case –must be filed with application.

  12. Contents of Application • A request to transfer to the Supreme Court. • Statement of prior proceedings. • Statement of facts with support. • Statement of points of error and where they appeared. • Statement as to why the case qualifies for transfer.

  13. Qualifications of Transfer • Mandatory transfer includes: 1. Imperative or fundamental public importance. 2. Appeal involving unconstitutional determination or invalidating amendment of the constitution. 3. Sentence of life without parole. • Discretionary transfer includes: 1. First impression or novel legal question. 2. Inconsistency in decisions.

  14. Response to Application • Any party can respond. • Time: 5 days from the date of service. • No oral argument unless ordered by the Court. • Timing of decision –within 30 days from response filed or could have been filed. • No motion to reconsider permitted. • Pending application does not stay time frames in case.

  15. Disposition of Application • Denial is totally discretionary for discretionary circumstances. • Not subject to further review. • Denial of a discretionary application will not prejudice a petition for certiorari.

More Related