Minneapolis, MN appellate lawyer Kay Nord Hunt talks about what can confuse lawyers who are not familiar with the appellate practice.
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Well, the number one thing that can trip lawyers up is when you have to appeal, the timing of appeal, because for most appeals if you do not do so within the strict time limits, it’s gone, there is no excusable neglect to get your case back and reinstated, at least at the state court level. Lawyers get tripped up because they do not understand the appellate court’s measuring stick, the Standard of Review or they just do not realize the importance of applying it and presenting your case in terms of that. And I think there is also a tendency that because you’re used to a jury or the trial judge as a finder of fact, to use more emotional appeals at the trial court level which may not work so well at the appellate court level because the appellate court is consisting of judges who are looking at the case in terms of, you know, do these facts compel this rule of law.