Category Archives: Appellate Practice

“It is enough to present a defense; harping on it is not required.”

by Emil J. Kiehne Posted on September 10, 2014

I thought you might enjoy this quote from Judge Frank Easterbrook’s opinion in Jentz v. ConAgra Foods, Inc. (7th Cir., Sept. 9, 2014), at page 6. Judge Easterbrook was responding to an appellee who argued that the defendant did not “feature” a particular defense … Continue reading →

Posted in Appellate Practice, Preservation of Error | Tagged | Comments Off on “It is enough to present a defense; harping on it is not required.”

Should the word limit for federal appellate briefs be decreased?

by Emil J. Kiehne Posted on September 8, 2014

Opening and answer briefs in federal court are presently limited to 14,000 words, but a proposed amendment to the Federal Rules of Appellate Procedure would decrease that limit to 12,500 words. The limit on reply briefs would fall from 7,000 … Continue reading →

Posted in Appellate Practice, News | Tagged | 4 Comments

Tenth Circuit proposes changes to its local rules; comment period open through October 20

by Emil J. Kiehne Posted on August 25, 2014

The Tenth Circuit is inviting comment on the latest proposed changes to its local rules. The Clerk’s Office has released this memo summarizing the changes, and you can review the actual changes in redline in this lengthy document. The most … Continue reading →

Posted in Appellate Practice, News, Tenth Circuit | Comments Off on Tenth Circuit proposes changes to its local rules; comment period open through October 20

Have lunch with Chief Judge Roderick Kennedy of the NM Court of Appeals

by Emil J. Kiehne Posted on February 25, 2014

The New Mexico State Bar’s Appellate Practice Section is sponsoring a brown bag lunch with Chief Judge Roderick Kennedy of the New Mexico Court of Appeals. The event will occur at the State Bar Center in Albuquerque on Friday, March … Continue reading →

Posted in Appellate Practice, New Mexico Court of Appeals | Tagged | Comments Off on Have lunch with Chief Judge Roderick Kennedy of the NM Court of Appeals

The Spring 2014 edition of NM’s appellate practice section newsletter is out

by Emil J. Kiehne Posted on February 19, 2014

The Spring 2014 edition of Appellate News, the newsletter of the State Bar of New Mexico Appellate Practice Section, is now out, and contains an interesting interview with Justice Barbara Vigil. You can also read my own interview with Justice … Continue reading →

Posted in Appellate Practice, Interview | Tagged , , | Comments Off on The Spring 2014 edition of NM’s appellate practice section newsletter is out

Don’t forget to register for tomorrow’s New Mexico Appellate Practice Institute

by Emil J. Kiehne Posted on November 21, 2013

This is just a reminder that the New Mexico State Bar’s 24th Annual Appellate Practice Institute will be held tomorrow (November 22) at the New Mexico State Bar’s offices in Albuquerque. The program looks spectacular: Judge Stephanie Seymour of the U.S. … Continue reading →

Posted in Appellate Practice, News | Tagged | Comments Off on Don’t forget to register for tomorrow’s New Mexico Appellate Practice Institute

Interesting interview with appellate lawyer Brian Keller posted at lawyerist.com

by Emil J. Kiehne Posted on September 10, 2013

  Lawyerist.com has posted an interesting, two-part interview with appellate lawyer Brian Keller here and here.  Keller is a supervisory appellate attorney in the U.S. Department of the Navy’s appellate division. If you are interested in what makes us appellate law … Continue reading →

Posted in Appellate Practice, Interview | Tagged | Comments Off on Interesting interview with appellate lawyer Brian Keller posted at lawyerist.com

NM Appellate Practice Section Newsletter for Spring 2013 now available

by Emil J. Kiehne Posted on May 31, 2013

Appellate News, the quarterly newsletter of the State Bar of New Mexico Appellate Practice Section, is now available here. This issue contains: 1.  A message from Ed Ricco, chair of the section, in which he announces that Judge Jimmy V. … Continue reading →

Posted in Appellate Practice, News | Tagged | Comments Off on NM Appellate Practice Section Newsletter for Spring 2013 now available

Rule 11 sanction upheld by NM Court of Appeals

by Emil J. Kiehne Posted on May 29, 2013

New Mexico Rule of Civil Procedure 1-011 serves the same function as Federal Rule of Procedure 11 — to deter baseless filings. Such sanctions are rarely imposed, so the Court of Appeals’ recent decision in Bernier v. Bernier makes for an … Continue reading →

Posted in Appellate Practice, New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on Rule 11 sanction upheld by NM Court of Appeals

“Argument Audio: The Four Holdout Circuits”

by Emil J. Kiehne Posted on May 28, 2013

At her terrific Appellate Daily blog, Michelle Olsen has this post about the four federal circuit courts of appeal that do not yet post audio files of oral arguments on their websites. The Tenth Circuit is one of them. To … Continue reading →

Posted in Appellate Practice, New Mexico Court of Appeals, New Mexico Supreme Court, Tenth Circuit | Tagged | Comments Off on “Argument Audio: The Four Holdout Circuits”