Appellate Practice
May 31, 2008
Sink or Sign
A lawyer in doubt about having authority to sign a notice of appeal should have the client sign the notice personally, write Benjamin G. Shatz and Christopher D. LeGras. - Focus Column
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
For all the complexities inherent in appellate work, the start of an appeal is a deceptively simply matter. A notice of appeal to the California Court of Appeal must satisfy only three formal requirements. The first requirement is obvious to anyone who recognizes the jurisdictional nature of the filing: It must be timely filed. California Rule of Court 8.104(b) ("If a notice of appeal is filed late, the reviewing court must dismiss the appeal."). Moreover, a notice may be validly filed eve...
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