Here is the second video from the "ethics intervention" presentation at the Advanced Appellate Seminar recently put on by the State Bar Appellate Section and TexasBarCLE, Houston appellate lawyer David Holman once again demonstrates some things counsel should not do, this time in the context of preparing and filing a motion for rehearing in the… Continue Reading
Category Archives: Motions
Subscribe to Motions RSS FeedThe Adaptable (Appellate) Lawyer
Posted in Appellate Practice, Briefs, Motions, Procedure, TechnologyI recently attended the 2011 State Bar of Texas Annual Meeting in San Antonio. As mentioned here before, the Bar asked me to come back as a presenter this year. It was quite an honor. My subject was e-filing in state and federal appellate courts. In conjunction with my talk, I published a short article in… Continue Reading
Extensions of Time in the Fifth Circuit
Posted in Briefs, Fifth Circuit, MotionsLet’s be honest. Most state-court appellate practitioners find the Fifth Circuit a little byzantine. But one thing the Fifth Circuit does right is allow the clerk’s office to grant short unopposed briefing extensions—up to 30 days—over the telephone. The circuit court has even done away with the requirement that the requesting counsel send a confirmation… Continue Reading
Extensions of Time in the Third Court
Posted in Motions, ProcedureDealing with the ever-present problem of conflicting deadlines, I recently filed a motion for extension of time to file a reply brief in the Third Court of Appeals here in Austin. My opponent kindly agreed to a 30-day extension, which I determined would be more than sufficient to get the brief done and manage my other cases. Several days… Continue Reading
Texas Supreme Court Orders 9/21/07
Posted in Motions, Oral Argument, Supreme Court OrdersThe Texas Supreme Court issued no opinions with today’s orders. Interestingly, the Court denied the motion to recuse filed in In re Columbia Medical Center, Subsidiary, L.P. (No. 06-0416) (previously discussed here and here), which reportedly had been set for oral argument with the mandamus petition next Thursday. UPDATE: The Court’s spokesman, Osler McCarthy, has confirmed… Continue Reading
Interesting Recusal Motion in Supreme Court
Posted in Motions, News & PoliticsAppellate geeks like me are already interested in In re Columbia Medical Center, Subsidiary, L.P. (No. 06-0416), a case in which the Texas Supreme Court will re-examine whether a trial court’s decision to grant a new trial is reviewable by mandamus. (Oral argument is set for September 27.) But the real parties in interest have… Continue Reading