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question on appellate law custom
steveh | 2/12/2006 | steveh

Posted on 02/12/2006 1:47:32 PM PST by SteveH

If an appellate brief is filed, what is the customary exposure of the brief to the respondents? Do they norally even see the brief? Or is it customarily handled by lawyers until some court intervention action is taken, such as a decision against the respondents by an appellate judge?

In this case, the respondents are a state university and state university employees (instructors and administrators), and the case itself is a petition for writ of mandate.

thanks,

-s


TOPICS: Education; Society
KEYWORDS: appellate; law

1 posted on 02/12/2006 1:47:33 PM PST by SteveH
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To: SteveH

Copies of the brief are sent to the opposing side, who then has a specified number of days to file a responsive brief.


2 posted on 02/12/2006 2:00:36 PM PST by ConorMacNessa (HM/2 USN - 3rd Bn. Fifth Marines RVN 1969)
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To: SteveH

Copies [in NY] are served on the Clerk of the appropriate Appellate Court, in a format and number of copies required by Court rules, and on opposing counsel. Respondent should contact their attorney for a copy, or go to the Clerk's Office, if allowed, and either read, or pay for a copy [Once filed the brief is a public record].


3 posted on 02/12/2006 2:58:36 PM PST by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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