Best Practices for Taking Appeals in Custody and Abuse Cases Mobile App

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  A.

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  Identify and raise on the record federal constitutional issues, such as due process.

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  Make oral and written objections in a timely fashion.

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  Request that the judge provide clear reasoning for adverse rulings.

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  Do not engage in “off‐the‐record” commentary; put exchanges “on the record.

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  Use a court reporter (or at least a court recording) at all times.

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  Be especially mindful of the due process issues of ex parte communications and rights to notice ...

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  B.

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  Cite to case law and other legal authorities frequently.

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  Use expert witnesses to refute unsound theories or other faulty data, such as parental alienatio...

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  File “Brandeis” briefs at the trial level to enhance the court’s knowledge of your issues.

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  C.

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  1. Post‐trial motions (for clarification, reconsideration, to alter/amend judgment) can capture l...

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  Remember filing deadlines for post‐trial motions!

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  Consider filing motions for a stay in trial court and appellate court to prevent the adverse dec...

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  D.

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  File notices of appeal on time (often 30 days but not always).

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  Research final judgment rule and mootness in your jurisdiction.

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  Stay motions may be require in both trial and appellate court.

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  E.

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  Do not duplicate or distribute without the written permission of DV LEAP.

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  Only 1% of all cert petitions are granted.

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  A.

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  The cert petition must articulate to the Supreme Court why it needs to take (1) this issue, (2) ...

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  The Supreme Court seeks to maintain uniformity over federal law across the country.

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  KEY: Present a compelling conflict of authorities or unsettled question of federal law that the ...

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  Educate the court about the national importance of the question presented and the fundamental in...

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  Persuasively argue that this particular case is a good vehicle for deciding the legal issue beca...

• ...and More!