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Appellate 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…

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Interlocutory 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…

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Don’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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