Month: February 2023
Precedent Predicaments
By John E. Cutler Within our adversary system, the judicial branch resolves cases based on evidence and arguments presented by opposing parties.[i] As a general matter, courts do not look beyond the parties’ arguments to determine whether there might be…
Read Full ArticleAll the Pretty Horses: Preserving Issues for Appellate Review
By Ben P. McGreevy Beautiful Wild Horses in Spring. Photo Credit: @natureguy via Adobe Stock. “Between the wish and the thing the world lies waiting.”[i] When arguing an issue, one should take care to ensure that the issue is properly…
Read Full ArticleAppellate Mediations: The [Re]Discovered Country
By Leslie M.G. Hayes and Bryan A. Nickels “I Never Been Defeated and I Won’t Stop Now (Woo)”[i] – Why Would I Mediate on Appeal? There is always risk in litigation. However, mediation is a tool to help your client…
Read Full ArticleInterlocutory Appeal in Idaho: Is There a Better Process?
By Stephen L. Adams and W. Christopher Pooser Few options for interlocutory review of trial court decisions exist in Idaho, and the options that are available are difficult to obtain. As a result, litigators are often stuck with non-final rulings…
Read Full ArticleDon’t Get Too Adversarial When Compiling Excerpts of Record in the Ninth Circuit
By Jennifer M. Jensen and Zachery J. McCraney Courts have different rules for defining the record on appeal. Where there is variation, there is room for strategy – and error. Readers of The Advocate are no doubt familiar with the…
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