Appellate Practice
Aug. 15, 2009
The Naming of 'Catz'
Is a clerical error like a misspelled name enough to warrant extending the time to file a notice of appeal, ask Benjamin G. Shatz and Christopher D. LeGras.
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.
For all the complexities inherent in federal appellate work, the start of an appeal is - usually - a simply matter. A federal notice of appeal must satisfy four requirements: It must be timely filed; it must designate the judgment or orders being appealed; it must name the appellate court; and it must name who is appealing. Federal Rule of Appellate Procedure 3(c). This last requirement should be the simplest. After all, there should be no difficulty for an aspiring appellant to identify i...
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