The Ninth Circuit Court of Appeals provides an outline that all attorneys practicing before it should read when filing or responding to an appeal.
The document, entitled “Ninth Circuit Appellate Jurisdiction Outline,” reviews the numerous grounds that the Ninth Circuit will consider in rejecting an appeal on procedural grounds. For example, did you or your opposing counsel properly raise the issue below? Is the order appealable? Was the appeal filed timely?
The Ninth Circuit covers the largest geographic region of any circuit in America. It is also the busiest circuit in America. Its hard-working judges may be glad to rule on the merits of a case that has been properly brought before its jurisdiction, but may be equally glad to dispose of a case without considering the merits where jurisdictional issues exists.
Attorneys and self-represented litigants are wise to review the Ninth Circuit’s outline to advocate for their position.
For more information, review the Ninth Circuit Appellate Jurisdiction Outline and visit ca9.uscourts.gov.
Scott Talkov is a Shareholder in the Riverside office of Reid & Hellyer, one of the Inland Empire's oldest law firms. He practices real estate, business and bankruptcy litigation. He has been repeatedly named a Rising Star by Super Lawyers Magazine.
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