Civil Procedure,
Appellate Practice
Nov. 4, 2025
Come again? Rehearing re-do
When appellate courts decide cases on surprise legal theories never argued or briefed, it's not just unfair--it violates due process. That's exactly what Government Code § 68081 was meant to prevent.
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
In honor of Halloween
last week, imagine this: You watch the whole horror movie, trying to suss out who exactly is behind the Ghostface mask. At the
very last moment, he pulls off the mask to reveal...someone who never appeared
before in the whole movie.
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