Complex Litigation begins Tuesday April 5th, here in T-439, 6:00-9:00pm.
Bruce will be out of the country from 3/17-4/1.
Passing- for this class 70%
Appeals continued
Appeal bonds
Bond = Security
If TRO or preliminary injunction is issued improperly, the bond is there to make up for damage.
• Appeal Bond- At appellate level the LOSER pays the costs of the appeal. (As opposed to trial court level)
• Supersedeas Bond- Protects the party who has a judgment, from a party who appeals a judgment for no other reason than to postpone paying the judgment. An appeal may reverse the original judgment, but it is not an extension of the original trial. If you won at trial, even if an appeal has been filed, you have a right to collect now. Bond covers judgment and interest. If you cannot pay the bond, you may not appeal.
• Appellate Briefs- Fairly boilerplate, not much research required, most done at trial level.
• Amicus Briefs- "Friend of the court" brief written by party who wants to sway court opinion.
➢ EX Roe v. Wade, Planned Parenthood wrote Amicus brief
➢ FRAP 29, RAP 10.6
• Strict Rules on Format- Color-Coded Covers, Table of Contents, etc.
• FRAP- 25 copies/ RAP 10.5 - court makes copies and bills you
• Either side can appeal, Appellant is the one who appeals.
• Exhibits- Can be recovered from court, if left, they will be disposed of.
• Petition for Re-hearing FRAP 30- Ask for reconsideration of ruling, as in Motion for Re-consideration.
• Petition for Cert- Must get 4/9 Justices to agree to hear case.
• Turning your judgment into cash-
➢ CR 62 -You have 10 days before you can start executing on a judgment.
• Assessing finances of debtor- you should have done this in the beginning- The Triangle= Damages, Liability, and POCKET
• Procedures to reveal assets
• Post trial interrogatories
• Post judgment deposition "Debtor Exam" CR 69
• Personal property is seized and sold before real property
• Why?
• 1) Simpler- Easy to seize personal property
• 2) Risk of Abuse- Could seize your house and throw you out on $500 judgment, when you have significant savings, bonds, etc.
➢ Garnishment
• "The ability of a creditor to seize ANY property of the judgment debtor held by a third person." Third party is answerable to court.
• EX Kate owes you money, Kate loaned her boat to Jenny, you garnish the boat from Jenny.
• EX Wage garnishment- you garnish the employer to take the debtor's wages.
• Max 25% of Gross (before taxes)
