Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more
Many jurisdictions have rules that allow an appellate court to affirm a judgment for any reason supported by the record, regardless of the actual basis articulated by the trial court. This general rule, however, is not...more
In nearly all areas of the law, the parties’ submission of proposed orders to the trial court is a ubiquitous and long-standing practice. And for nearly just as long, the judiciary has recognized the significant due process...more
We previously posted on Federal Rule of Appellate Procedure 28(i), which is the rule governing the adoption of part or all of another’s brief.
We initially looked at decisions addressing the burden on a party to...more