Legal Question in Appeals and Writs in California

Re: How do I Appeal a summary Judgement from The U.S. District Court Ceneral Dis

There is a standard Notice of Appeal form available on the court's web site. You will also need to prepare a Civil Appellate Docketing Statement and order the pertinent transcripts; there are standard forms for these steps as well.

Appellate practice is very intricate, and it is not wise to try to handle the entire appeal with standard forms. Not only are the arguments you need to make on appeal different from those you would make to a trial court; there are there are also completely different procedural rules you must follow.

There are many ways a pro per (or even an attorney) unfamilliar with the rules can destroy an otherwise viable appeal. You should retain experienced counsel if at all possible. If you can't afford to have a lawyer represent you, you should still try to have one act as a consultant on your case to ensure that someone knowledgeable reviews your papers before you file them.

I have handled many appeals and am certified by the State Bar's Board of Legal Specialization as a Specialist in Appellate Practice -- a certification held by only about 230 of California's 190,000-plus attorneys. Please feel free t contact me directly if you would like to discuss your options.

Re: How do I Appeal a summary Judgement from The U.S. District Court Ceneral Dis

Congratulations on winning your lawsuit the first time, anyway. The 9th Circuit rules are at www.ca9.uscourts.gov, download "FRAP with 9th Circuit." There is also an appeals clerk at the Central District who can provide some help. Also read the Rutter Group book, 9th Circuit Civil Appellate Practice, available from ruttergroup.com or at better law libraries. Generally you have to file two copies of the Notice of Appeal in the district court within the time limit and pay $150 and include a Civil Appeals Docketing Statement. Then you have to perfect the appeal by ordering all court reporter transcripts and the record on appeal. If there is a money judgment against you, it won't be stayed unless you put up a hefty appeal bond. Do not miss the deadline for filing a Notice of Appeal.