Appellate Practice
Aug. 24, 2005
Amendments to Rule 4(a)(6) Clarify Procedural Questions
Focus Column - Appellate Law - By Benjamin G. Shatz and Lara M. Krieger - The first and most important step in any appeal is the timely filing of a notice of appeal. Without complying with this jurisdictional prerequisite, there is no appeal. See, e.g., Browder v. Director, Department of Corrections ., 434 U.S. 256, 264 (1978). Federal Rule of Appellate Procedure 4(a)(6) is one of only a handful of rules that may help the unfortunate practitioner who fails to file a timely notice of appeal.
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.
Laura M. Krieger
Associate
Manatt, Phelps & Phillips, LLP
The first and most important step in any appeal is the timely filing of a notice of appeal. Without complying with this jurisdictional prerequisite, there is no appeal. See, e.g., Browder v. Director, Department of Corrections., 434 U.S. 256, 264 (1978). Federal Rule of Appellate Procedure 4(a)(6) is one of only a handful of rules that may help the unfortunate practitioner who fails to file a timely notice of appeal.
Accordingly, upcoming amendments to Rule 4(a)(6) that take...
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