Civil Procedure: Appeals & Preclusion Flashcards
What is the deadlineto file anotice of appeal?
Within 30 days of the final judgment or order being appealed (60 days if party is United States or federal agency).
Which courts can hear appeals from the district courts?
Federal courts of appeal
Definefinal judgment rule
Appeals courts can only hear cases with a final judgment on the merits of the whole case (i.e. there is nothing left for the court to address)
⚠️ Exception: Can hear cases without final judgment if there is a basis for an interlocutory appeal.
Define: interlocutory orders
Orders issued during litigation that are not final.
Define: interlocutory appeals
Appeal of an interlocutory order.
⚠️ Rarely granted, because interlocutory orders are not final. Some interloctory orders are appealable as a matter of right (e.g. denial of class certification), while others are only appealeable pursuant to analysis under the collateral order doctrine.
What interlocutory orders are appealable as a matter of right?
- Injunctive orders
- Orders appointing or refusing to appoint a receiver
- Orders directing the sale or disposal of property
- Patent order that is final except for accounting
- Order denying arbitration (9 USC § 16)
Can a district court order an interlocutory appeal?
Yes, the judge may do so in a written order stating:
1. Order being appealed involves a controlling question of law;
2. There is a substantial ground for difference of opinion; and
3. Decision on the appeal could help bring about the end of litigation
The collateral-order doctrine permits a party to appeal an interlocutory order if what three conditions are met?
If the order:
1. Conclusively determines the disputed question;
2. Resolves an important issue that is completely separate from the merits; and
3. Is effectively unreviewable on appeal from a final judgment## Footnote
⚠️ Note: Collateral order doctrine is extremely narrow and rare; has only been applied to cases involving immunity and double jeopardy.See more: Collateral Order Doctrine
When are class certifications appealable?
Within 14 days following the district court’s decision to grant or deny certification.## Footnote⚠️ Note: Court of appeals has discretion whether or not to grant the appeal.FRCP 23(f)
What is a writ of mandamus?
Gives appeals court authority to review lower court decisions for **abuse of judicial authority.
** Granted if:
1. Petitioner has a clear and indisputable right to relief;
2. No alternative route to desired relief exists; and
3. Writ is proper under the circumstances
⚠️ Note: this is an “extraordinary” measure that is extremely rare.
List the standards of review used by appellate courts
- De novo (legal rulings)
- Clearly erroneous (factual findings)
- Abuse of discretion (discretionary rulings)
- Plain error (an error that the parties did not preserve by objecting to it at the time it occurred)
Define:de novo review
When the appeals court reviews the trial court’s findings “from the new” or without deference. Allows appeals court to reach an independent conclusion as to the correct legal interpretation.
What is the standard of review for findings of fact?
Clearly erroneous: appeals court cannot overturn a district court’s findings of fact unless clearly erroneous.
When is a finding of fact clearly erroneous?
When, in light of all the evidence in the record, the appeals court has a “definite and firm conviction that a mistake has been committed.”
What is the standard of review for discretionary rulings (evidence admissibility, etc)?
Abuse of discretion: Did the district court abuse its discretion in making the ruling?
⚠️ Note: Standard has many different formulations, but usually is rather deferential to the district court.
