Appellate Practice
Jun. 30, 2006
How Many Mistakes Can One Notice of Appeal Contain?
A notice of appeal is one of the simplest documents a lawyer can prepare.
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.
A notice of appeal is one of the simplest documents a lawyer can prepare. Usually, the only serious attention paid to preparing a notice of appeal is to ensure a timely filing, because as a jurisdictional document, a tardy filing precludes an appeal. Hohn v. U.S., 524 U.S. 236 (1998) (timely notice of appeal is mandatory and jurisdictional). Sometimes, deeper analysis is needed to confirm that the order or judgment at issue is appealable or to address calendaring complexities introd...
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