The Standard of Review for Appeals and the Importance of the Record

A very important factor appellate attorneys will consider when assessing the probability of a successful appeal is the relevant standard of review. In fact, this matter is of utmost importance and nearly every appellate court will require a section in the appellate brief that is specifically for the standard of review, which highlights the matters being briefed.

A standard of review generally reflects the law’s position on the appellate court’s potential to make a correct decision on the particular issue. To further explain, appellate courts will provide additional insight to the trial court’s decisions on matters that are concerned with making a final determination on nothing more than a written record of what transpired in the trial. Appellate courts do not want to unnecessarily question trial court judges who were present at the time when witnesses provided their testimony.

Based on Pierce v. Underwood, 487 U.S. 552, 558 (1988), the three essential categorizations of decisions that are reviewable by an appeal, which will have their own separate standard of review are:

• Decisions based on matters of law, which are regarded as “reviewable de novo”,
• Decisions based on matters of fact, which are regarded as “reviewable for clear error”, and
• Decisions based on matters of discretion, which are regarded as “reviewable for abuse of discretion”.

Preparing the Record for the Appeal

When an appellate attorney makes the decision to file an appeal, he or she will be tasked with designating the record. In an appeal, the record will provide an official account of what transpired in the hearing or trial being appealed. The record will usually include:

1. The court clerk’s transcripts (RC. Rule 8.122); and
2. The court reporter’s transcript (R.C Rule 8.130).

The record is a very critical component of a successful appeal. A record can be thought of as a “packet” that contains all of the important information the appellate justices will need to fully understand what occurred in the trial court to make their final determination. The “packet” will only hold important trial court proceedings, such as transcripts, motions, filings, minutes, orders, etc. When writing a brief and conducting an oral argument, appellate attorneys can only refer to the components of the so-called packet.

Ultimately, the record limits the scope of information that parties can utilize in their argument and that the California Court of Appeals will consider as it moves to review the case. All contents of the record can be examined, and for the purposes of the appellate review, any other issues raised in the California Superior Court trial not included as part of the record will be considered nonexistent to the appellate court. No new evidence can be considered by the appellate court. Any material and information not contained in the record will not be examined by the court, nor considered, and the material and information will not be available to either party to use as support for their case.

Hire an Experienced Appellate Attorney

Standards of review and preparing the record for an appeal are important matters that should also be used to assess the likelihood of a successful appeal. There are, however, many other factors that can affect the outcome of an appeal. Discuss your legal options with an experienced appellate litigator.

The attorneys at the Knez Law Group have significant experience in handling appellate court cases and understand how to identify trial-court errors. The firm is diligent in framing these errors for an appeals court and will make effective arguments to present a strong appeal. When adding an issue to a brief, the law firm understands that only significant issues should be raised, as adding a weak argument can dilute the overall strong argument. Obtain the support of a law firm that will effectively craft briefs and prepare the record at an appellate level. Consider obtaining the support of the Knez Law Group today.