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Federal Appellate Practice

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A practical manual on handling federal appellate matters, especially civil appeals and and cases involving review of federal administrative agencies.   

Mayer Brown has produced a guide that every appellate lawyer should read—and that every client should expect to see on his lawyer's shelf. From the soup of preserving issues at trial to the nuts of how to get Supreme Court review, it's all here. Good legal writing starts with good writing, as the authors wisely counsel, and this guide is as informative and easy to read as the briefs its authors regularly produce.

Alex Kozinski

Chief Judge, United States Court of Appeals for the Ninth Circuit

Arranged topically, Federal Appellate Practice guides practitioners through the federal appellate process—from preserving and protecting the record in the trial court, through all stages of briefing and arguing appeals, to preliminary considerations relating to possible Supreme Court review. Written from the collective expertise of Mayer Brown's Supreme Court and Appellate Practice group, Federal Appellate Practice discusses:

  • the applicable provisions of the Federal Rules of Appellate Procedure
  • the jurisdictional and procedural statutes
  • important case rulings unusual local circuit rules
  • and internal operating procedures

This valuable resource goes deeper than purely legal treatises that only collect cases and discuss “the law”. This treatise draws upon the experience of more than a dozen partners and counsel in Mayer Brown’s Supreme Court and Appellate Practice Group to provide commentary on the most effective ways to handle each step of the process, explaining pitfalls, techniques, and opportunities that may not be apparent from merely reading technical rules.

Organized to reflect the various successive stages in handling a federal appeal, Federal Appellate Practice discusses:

  • necessary steps in the district court to preserve issues for appeal
  • problems of appealability
  • mechanics of preparing the record and appendix
  • motion practice before the court of appeals
  • availability of extraordinary writs
  • strategies for opening, responsive, and reply briefs
  • role and structure of amicus curiae briefs
  • preparing and delivering oral arguments
  • seeking or opposing costs and attorney’s fees
  • seeking rehearing
  • considering Supreme Court review

Federal Appellate Practice also covers special issues involving review of administrative agency decisions, criminal appeals, and practice before the Federal Circuit.

2008/998 pp. Hardcover/ISBN 9781570186691/Order #1669
Mayer Brown LLP. Editor-in-Chief: Philip Allen Lacovara

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