APPELLATE PROCESS

Notice of Appeal
A Notice of Appeal must be filed within 30 days of rendition of the trial court’s order. Ms. Henne will assist in determining whether a Motion for Rehearing must first be filed in the trial court to preserve all potential appellate arguments. She will assist in determining whether the trial court’s order is a final order, an appealable non-final order, or an order requiring the filing of a Petition for a Writ. Each of these decisions affects the jurisdiction of the appellate court, and the time frames involved in the appellate process.

Preparation of the Appellate Record:
Within 10 days of filing the Notice of Appeal, the Appellant is required to file Designations to the Court Reporter and Directions to the Clerk, if necessary. Ms. Henne will assist in evaluating which transcripts are necessary for appellate review. She will also review the trial court docket and determine whether documents need to be included or excluded from the specified documents automatically included in the appellate record.

Preparation of Appellate Motions and Responses

to Appellate Motions:
During the appellate process, specific motions may be necessary to insure a client’s best position in the appellate court. Ms. Henne has the experience necessary to analyze the posture of the appeal, and to determine whether a particular motion will enhance a client’s case.

Preparation of the Briefs:
Within 70 days of filing the Notice of Appeal, the Appellant must file the Initial Brief. Ms. Henne has over 30 years of experience in preparing a concise yet thorough Statement of the Case and Facts and in carefully selecting the Arguments on appeal. Ms. Henne will utilize the most advanced legal research resources to find the most relevant legal authority. The ability to persuasively argue a client’s position in a written brief requires years of experience and insight.

Presentation of Oral Argument:
In many appeals, Oral Argument is necessary to fully present the facts and law to a panel of appellate judges. Without proper preparation and experience, Oral Argument can be a difficult challenge. Ms. Henne has carefully prepared and persuasively argued numerous Oral Arguments in her 30 years of appellate practice.

Conclusion of the Appeal:
Once a decision is reached by the appellate court, a decision must be made whether to file a Motion for Rehearing, or whether to seek further appellate review. Ms. Henne will assist in evaluating the stringent requirements necessary in making these decisions. In addition, an appellate decision may trigger time periods for seeking appellate attorney’s fees and costs. Finally, if the appellate decision requires a remand to the trial court for further proceedings, Ms. Henne will work with the client’s trial counsel to insure that the appellate mandate is carried out in the trial court.