This Nutshell provides a comprehensive overview of federal appellate practice and procedure, suitable for practicing lawyers as a deskbook, and for law students as a study aid. It focuses both on the federal courts of appeals and on the US Supreme Court. Federal circuit court topics include, among others, preservation of error, the final judgment rule and its exceptions, the notice of appeal, parties to the appeal, relief pending appeal, standards and scope of review, briefing and oral argument, alternative dispute resolution, entry of judgment, and rehearing en banc. Supreme Court topics include, among others, jurisdiction over federal cases, jurisdiction over state cases, the certiorari process, original jurisdiction, briefing and oral argument, and the role of the Solicitor General. Also included are discussions of the structure and caseloads of the federal appellate system, appellate ethics and professionalism, certification of issues to state courts, appellate court procedures during COVID, and the future of appellate justice.


Imprint: West Academic Publishing
Series: Nutshells
Publication Date: 06/05/2023

Gregory A. Castanias, Indiana University School of Law - Bloomington

Robert H. Klonoff, Lewis & Clark Law School

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  • Analysis of the most recent updates to the Federal Rules of Appellate Procedure
  • Analysis of the most recent updates to the Supreme Court Rules
  • Updated federal appellate statistics, including Circuit caseloads, types of cases, and average time for case disposition.
  • Updated Circuit procedures resulting from the COVID-19 pandemic
  • Recent case law focusing on appellate procedure, including preservation of error, the limits of appellate jurisdiction, appeal notice requirements, stays of proceedings, briefs of amicus curiae
  • Updated strategies for oral argument when appearing by video or telephone
  • Analysis of the most recent Supreme Court appointments, including recent shifts in jurisprudence and the controversies surrounding the current Court

Learn more about this series.