Appellate Practice
Jul. 4, 2006
How Many Mistakes Can a Single Notice of Appeal Contain?
By Benjamin G. Shatz 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 ta
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. United States, 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 c...
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