I understand it to mean that where the trial court did not say anything in particular--one way or the other-- about an issue or fact that may have...

The Ninth Circuit has so much helpful information at its website, whatever your particular question is might be answered there. Here is a link to...

The arguments that will fly in an appeal, or at least the way they must be framed, are different from those raised before the trial court. You...

It doesn't look like there is a direct answer. Conceivably it could be 14,000 words but I don't think I've ever filed one that, except for the...

As tempted as I have been to interrupt opposing counsel during his/her argument, I would never do it. Ever. If you're the appellant, reserve at...

The thing about rates of reversal, like so many of statistics, is that they only tell you what happened in the thousands of cases prior to yours,...

I filed an appeal but only designated the reporter's transcript of one of the hearings (the one that shows a mistake was made)?

It depends on what type of order or judgment you're appealing--how the matter was disposed (demurrer? summary judgment? trial?). Sometimes the...

The merits aren't really relevant. But, if the dismissal was not necessarily mandatory it may help you if your case is particularly merit worthy...

Here's what usually happens: If you're the appellant, do your motion for judicial notice and submit it at the same time as your appellate brief....

Can a party subpoena the Court of Appeal's research attorney's draft on a Writ of Mandate?

It may be a public record, but it's probably exempt from disclosure under a variety of subdivisions of Govt. Code section 6254, including (a)...