Appellate Practice
Jan. 14, 2022
Assessing your chances on appeal: Burdens, inferences and presumptions
Many attorneys and litigants believe that the appellate court is another opportunity to argue their case. It is often thought that a second set of judicial eyes would see what to them are obvious errors. But burdens, inferences and presumptions in the appellate court can create a trap for the unwary lawyer considering an appeal or petition for writ review.
Noreen M. Evans
Partner
Evans Kingsbury LLP
Email: noreen@evanskingsbury.com
Noreen M. Evans is a certified appellate specialist and former California state senator.
Many attorneys and litigants believe that the appellate court is another opportunity to argue their case. It is often thought that a second set of judicial eyes would see what to them are obvious errors. But burdens, inferences and presumptions in the appellate court can create a trap for the unwary lawyer considering an appeal or petition for writ review.
Imagine you're the next batter up in a baseball game. No pressure, but the score is tied, it's the bottom o...
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