Civil Litigation,
California Courts of Appeal,
Appellate Practice
Nov. 20, 2017
Sometimes, an appellate court does find facts
Because appellate courts don't get to watch live witnesses testify, they never engage in fact-finding. "Never"? Well, hardly ever.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
MOSKOVITZ ON APPEAL
As we all learned in law school, trial courts find the facts, and appellate courts make the law. Because appellate courts don't get to watch live witnesses testify, they never engage in fact-finding.
"Never"? Well, hardly ever. Actually, Code of Civil Procedure Section 909 allows our California appellate courts to "take additional ev...
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