Appellate Practice
Jul. 3, 2003
Material Outside of Record Is 'Forbidden Fruit' for Attorneys
Focus Column - Appellate Law - By Paul D. Fogel and Raymond A. Cardozo - Materials outside the record on appeal are the appellate lawyer's version of the "forbidden fruit" in the Garden of Eden: very tempting but absolutely off-limits. Appellate lawyers know that they should never cite or rely on extra-record materials. The old adage is, "If, it's not in the record, it simply doesn't exist." Of course, material helpful to an appellate argument often exists outside the record.
Appellate Law
&nbs...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In