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Anatomy of an Appeal in a Civil Case to the Rhode Island Supreme Court
Author informationNicole BenjaminI am a business and commercial litigator and member of AP&S’s Appellate Practice Group. I have represented clients in cases before the Rhode Island Supreme Court...
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SPECIAL EDITION: Statistics on Resolution of Cases before the Rhode Island...
This special edition of the Fast Five on Rhode Island Appellate Practice features four questions an appellate attorney should be prepared to answer. Statistics reported in the Rhode Island Judiciary’s...
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SPECIAL EDITION: Recent Law Clerks Provide Pointers for Practice Before the...
This special edition of the Fast Five on Rhode Island Appellate Practice features guest bloggers Jamie J. Bachant, Esq. and Amy Goins, Esq., who recently completed clerkships with Rhode Island Supreme...
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WHAT IT MEANS TO BE PREPARED FOR ORAL ARGUMENT
“By failing to prepare, you are preparing to fail.” ― Benjamin Franklin Fall is my favorite season. As the foliage begins to take on the shades of yellow, orange, red and brown that are representative...
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(4) A CROSS-APPEAL IS NECESSARY IF A PARTY SEEKS TO OVERTURN A TRIAL COURT’S...
A party that has prevailed in the trial court must file a cross-appeal if he or she intends to ask the Supreme Court to overturn one of the trial court’s rulings. See Miller at 8 (citing David A....
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(3) A MOTION TO DISMISS AN APPEAL AS UNTIMELY IS FILED IN THE TRIAL COURT.
When a party maintains that a notice of appeal is untimely and the Supreme Court has not yet docketed the appeal, the trial court has jurisdiction to dismiss the appeal for failure to comply with the...
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(2) PARTIES ALSO MAY APPEAL WITHIN 20 DAYS OF THE FILING OF A NOTICE OF...
Image courtesy of Stuart Miles at FreeDigitalPhotos.net In addition to the initial 20 day period for filing an appeal, Rule 4(a) of the Rhode Island Supreme Court Rules of Appellate Procedure provides...
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(1) NOTICES OF APPEAL MUST BE FILED WITHIN 20 DAYS.
As a general matter, a notice of appeal must be filed within 20 days of “the date of the entry of the judgment, order, or decree appealed from.” R.I. Sup. Ct. R. App. P. 4(a). The notice must be...
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2014 Year in Review – Appeal and Error
A. Amicus Curiae Bucci v. Hurd Buick Pontiac GMC Truck, LLC, 85 A.3d 1160 (R.I. 2014): In Bucci, the Supreme Court refused to consider an argument made only by amicus curiae. In doing so, the Supreme...
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