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CM/ECF is the Case Management/Electronic Court Filing system, available only to those admitted to a particular U.S. District or U.S. Court of Appeals. The NEF provides a record of service of an electronically filed document by parties, or of service of the electronically filed orders and judgments of the courts, upon attorneys in the case and ...
The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional right". [2] The application may be made explicitly, but a notice of appeal made without a certificate of appealability is treated as an implicit application for the certificate. [3] "To obtain a [certificate of appealability ...
Even the colors of the covers of the briefs are specified: the petitioner's brief must have a blue cover and the respondent's must have a red cover. The Court also often receives briefs from amici curiae (friends of the Court) in particular cases, and these must have a green cover. This color-coding comes in very handy when you have a stack of ...
Appellate briefs are briefs that occur at the appeal stage. Memorandum of law may be another word for brief, although that term may also be used to describe an internal document in a law firm in which an attorney attempts to analyze a client's legal position without arguing for a specific interpretation of the law.
For example, an appellate brief to the highest court in a jurisdiction calls for a formal style—this shows proper respect for the court and for the legal matter at issue. An interoffice legal memorandum to a supervisor can probably be less formal—though not colloquial—because it is an in-house decision-making tool, not a court document.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
The appellate procedure in the United States takes place in appellate court, and that court normally makes its judgment based only on the record of the original case. The appellant generally submits a document of legal arguments called a "brief", a written attempt to persuade the judges of an appellate court that the decision of the trial court ...