Post Trial Practice
Federal Rule Changes: Calculating Due Dates in the Appeal Process
Time Computation Project
Initiated by the Federal Rules of Civil Procedure to simplify complex deadline calculations.
The goal is to provide clear, consistent guidelines for computing time periods in legal proceedings, especially for appeals.
The new rules aim to reduce ambiguity and potential for error in calculating statutory and rule-based deadlines.
Weekends and holidays COUNT
Unlike some older rules, weekends (Saturdays and Sundays) and legal holidays are generally included when calculating a time period, unless the period is measured in days and ends on a weekend or holiday, in which case the deadline extends to the next business day.
This means that to meet a deadline, parties must submit documents before a weekend or holiday if the deadline would otherwise fall on one.
Three extra days for service by mail or via electronic service
When a document is served on an opposing party by mail or certain electronic means, an additional three days are added to the prescribed response period.
This rule (often found in FRCP 6(d)) accounts for the time it takes for a document to reach the recipient, ensuring parties have adequate time to respond once notice is effectively received.
However, this extension typically does not apply when the filing period is jurisdictional or when the original deadline is based on the date of filing (e.g., notice of appeal), rather than service.
Counting backward
In some specific scenarios, especially for hearings or events, calculating deadlines may require counting backward from a set date (e.g., a hearing must be announced no less than XX days before it occurs).
This method ensures that all necessary preparatory steps or notices are completed within the required timeframe leading up to a specific event.
Post Trial Motions
Motion for a new trial
A request made by a party to the trial court to overturn the verdict and conduct a new trial.
Such motions are typically filed within a short period (e.g., 28 days) after the entry of judgment.
Grounds for granting a new trial are specific and usually involve serious errors or injustices during the original trial:
The verdict was contrary to the law: This means the jury's decision was not supported by the legal principles applicable to the case, often implying a misapplication of the law to the facts.
The verdict was totally defective: Refers to a verdict that is internally inconsistent, incomplete, or otherwise legally unsupportable.
Irregularity in the court proceeding: This includes prejudicial errors made by the judge, clerk, or counsel (e.g., improper jury instructions, admission of inadmissible evidence, or significant procedural errors).
Excessive or insufficient damage awards: When the amount of damages awarded by the jury is so high (excessive) or so low (insufficient) that it shocks the conscience or clearly deviates from what the evidence supports, indicating passion or prejudice rather than reasoned judgment.
Jury misconduct: Actions by jurors that compromise the fairness of the trial, such as conducting independent investigations, discussing the case with outside parties, or failing to follow instructions.
Newly discovered evidence: Evidence that was not available at the time of trial, could not have been discovered through reasonable diligence, and is material enough to likely change the outcome of the trial.
Preliminary Steps in the Appeal
Preliminary steps in appellate process
Notice of appeal: The crucial first step, a formal document filed with the trial court (and served on all parties) within a strict time limit (e.g., 30 days from judgment entry) informing all parties and the courts of the intent to appeal specific judgments or orders.
Bond for costs or a supersedeas bond:
A bond for costs may be required to cover potential court fees and expenses incurred by the appellate court.
A supersedeas bond is posted by the appellant to stay (i.e., pause) the enforcement of the judgment while the appeal is pending. This prevents the prevailing party from collecting the judgment until the appeal is resolved.
Transcript order and preparation of pertinent record sections filing of briefs by both parties:
Transcript order: The appellant must order a copy of the trial transcript from the court reporter to be included in the record on appeal.
Preparation of pertinent record sections: Attorneys for both sides must designate and prepare relevant parts of the trial court record (e.g., pleadings, exhibits, motions) that will be submitted to the appellate court for review.
Filing of briefs by both parties: This is a critical stage where both the appellant and appellee submit written legal arguments to the appellate court.
Oral arguments:
After briefs are filed, attorneys for both parties may present their arguments directly to a panel of appellate judges, answering questions and clarifying points from their briefs.
This usually occurs in a courtroom setting, allowing for direct engagement with the court.
Court renders the decision:
The appellate court, after reviewing the briefs and hearing oral arguments (if any), issues a written opinion that either affirms, reverses, vacates, or modifies the trial court's judgment, or remands the case back to the trial court for further proceedings.
The Appellate Brief
Consists of:
Legal issues: Precise statements of the legal questions the appellate court must decide.
Important facts: A concise, accurate, and persuasive summary of the factual background from the trial record that is relevant to the legal issues on appeal.
Legal arguments: The core of the brief, presenting a detailed, logical legal analysis supporting the party's position, citing relevant statutes, cases, and constitutional provisions.
Legal authorities: Citations to statutes, previous court decisions (precedent), and other legal sources that support the arguments made.
Types of briefs:
Appellant’s briefs: Filed by the party appealing the lower court's decision, arguing why that decision should be reversed or modified.
Appellee’s briefs: Filed by the party responding to the appeal, arguing why the lower court's decision should be affirmed.
Reply brief: The appellant may file a reply brief to address new arguments or important points raised in the appellee's brief.
Amicus curiae (friend of the court) briefs: Filed by individuals or organizations not a party to the litigation but who have a strong interest in the subject matter and wish to present information, expertise, or insight that the court might find useful.
Drafting the appellate brief:
Format of the brief: Must adhere strictly to court rules regarding length, typeface, margins, citation style, and organization (e.g., table of contents, table of authorities, statement of jurisdiction, summary of argument, legal arguments, conclusion).
Researching the law: Involves thorough statutory, case law, and secondary source research to identify and analyze relevant legal principles and precedent.
Drafting the statement of facts: Presenting the facts in a clear, objective yet persuasive manner, highlighting those facts that support the party's legal arguments and are accurately reflected in the trial record.
Filing and service of appellate briefs:
Appellant: Typically, the appellant's opening brief must be filed and served within 40 days after the date the record on appeal is filed.
Appellee: The appellee's response brief is usually due 30 days after the appellant's brief is served.
Reply: Any reply brief from the appellant must generally be filed within 7 days after the appellee's brief is served.
These deadlines can be modified by court order or local rules, and extensions are often possible but require good cause.
Coordinating the Oral Argument
Oral arguments are allowed in all appellate cases unless the court finds that:
The appeal is frivolous: The court determines that the appeal lacks any arguable merit or legal basis and is brought purely for delay or harassment.
The dispositive issues have been authoritatively decided: The legal questions central to the appeal have already been clearly and definitively settled by controlling precedent, making further oral argument unnecessary for clarification.
The briefs and record adequately present the facts and legal arguments: The written submissions (briefs and the trial record) are sufficiently comprehensive and clear that additional oral discussion is not needed for the judges to make an informed decision.
In these situations, the court may decide the case based solely on the written submissions, often to manage caseload efficiently.
Final Procedure
Further appeal procedures:
Petition for rehearing: A formal request by a party for the appellate court to reconsider its decision, typically filed within a short period (e.g., 14 days) after the initial opinion is issued. This is common when a party believes the court overlooked or misapprehended a material point of law or fact.
U.S. Supreme Court: petition for certiorari: If a party is unsuccessful in a federal court of appeals or a state's highest court on a federal question, they may file a petition for a writ of certiorari with the U.S. Supreme Court. The Supreme Court has discretionary review, meaning it chooses which cases it will hear; cert petitions are granted for only a small percentage of cases, usually those involving significant federal questions or conflicts among lower courts.
Post trial judgment procedures:
After a judgment is entered and the appeal process has concluded or is not pursued, the prevailing party (judgment creditor) may need to take steps to collect the judgment from the losing party (judgment debtor).
Judgment creditor: The party in whose favor a judgment has been rendered and who is entitled to collect the amount awarded or secure the relief granted.
Judgment debtor: The party against whom a judgment has been rendered and who owes the obligation specified in the judgment.
Postjudgment interrogatories: Written questions served on the judgment debtor, requiring them to disclose information about their assets, income, and liabilities to aid in collection efforts.
Postjudgment deposition: An oral examination under oath of the judgment debtor (or a third party who holds assets of the debtor) to discover assets that can be used to satisfy the judgment.
Post trial garnishment: A legal process that allows a judgment creditor to seize assets of the judgment debtor held by a third party (e.g., bank accounts, wages from an employer) to satisfy the judgment. This requires a court order and is a common method of post-judgment collection.