August 28, 2020 | New Jersey Law Journal
Tips on Securing the Record for AppealAPPELLATE ANSWERS: One hallmark of a good trial attorney is the ability to work simultaneously on two planes—advocating to win at trial while laying the groundwork for any necessary appeal.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
July 24, 2020 | New Jersey Law Journal
Effective Telephonic Arguments before the Appellate DivisionAPPELLATE ANSWERS: Two former appellate judges offer suggestions for maximizing your effectiveness in the telephonic forum.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
June 19, 2020 | New Jersey Law Journal
Insights on Developing the Factual RecordAPPELLATE ANSWERS: Facts matter. The extent to which legal arguments are likely to succeed is greatly affected by their factual context. So, care must be taken to protect the full development of the factual record.
By Marie E. Lihotz and Marianne Espinosa
5 minute read
May 15, 2020 | New Jersey Law Journal
The Dos and Don'ts of Seeking Emergent Appellate ReviewAPPELLATE ANSWERS: The process appears easy enough; however, understanding the parameters governing the court's review becomes critical to obtaining relief.
By By Marie E. Lihotz and Marianne Espinosa
6 minute read
April 06, 2020 | New Jersey Law Journal
When Is 'Final' Really Final?APPELLATE ANSWERS: Don't make the mistake of believing a trial judge's certification stating the order is final makes it so. The Appellate Division is not bound by the order and has "the sole discretion" to permit an interlocutory appeal.
By Marie E. Lihotz and Marianne Espinosa
7 minute read
March 06, 2020 | New Jersey Law Journal
It's Not too Late to Settle: Meet CASPAPPELLATE ANSWERS: The Civil Appeals Settlement Program, administered by the Appellate Division, has a settlement rate of over 40%, and a very attractive price tag—it's free.
By Marie E. Lihotz and Marianne Espinosa
5 minute read
January 31, 2020 | New Jersey Law Journal
Appellate Answers: Do the Judges Really Write All These Opinions?The appellate judges are well aware it is their names that appear on the finished product. And, rest assured, they have earned that.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
December 27, 2019 | New Jersey Law Journal
Opinion PublicationAPPELLATE ANSWERS: Both lawyers and trial judges wonder—what calculus governs publication of an Appellate Division opinion?
By Marie E. Lihotz and Marianne Espinosa
6 minute read
December 02, 2019 | New Jersey Law Journal
Panel of Two Judges vs. Panel of Three JudgesAPPELLATE ANSWERS: The most frequently asked "Should I be worried if" question concerns the number of judges assigned to decide an appeal.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
November 01, 2019 | New Jersey Law Journal
Appellate Answers on Motion PracticeShould I be worried if my Appellate Division motion was filed the same as a trial court motion?
By Marie E. Lihotz and Marianne Espinosa
6 minute read