A Comparison of State and Federal Appellate Practice

September 07, 2016

Many appellate practitioners spend the majority of their time in either state or federal court, but do not spend much time practicing in the other system. There are notable differences between procedures in the Texas and federal appellate courts. In state court practice, for example, appellate practitioners are faced with numerous traps in simply proceeding from a trial court’s final judgment to the point where they can begin briefing the case. On the other hand, federal appellate practitioners have a relatively simple process to undergo in order to get the case ready for briefing.

Topics include:

  • Introduction
  • Beginning the Appellate Process
  • Appellate Motion Practice
  • Motion for New Trial
  • Perfecting the Appeal
  • Superseding the Judgment
  • Record on Appeal
  • Sufficiency of the Evidence Review
  • Practice in the Court of Appeals
  • Practice in the Supreme Court
  • Conclusion

Excerpted from the State Bar of Texas, Civil Appellate Practice 101 Course. Read the full article here.

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