Appellate Practice in Nebraska: A Thorough, Though Not Exhaustive, Primer in How to Do It and How to Be More Effective

Abstract

INTRODUCTION|Ambrose Bierce sarcastically defined "appeal" as "In law, to put the dice into the box for another throw." Bierce's definition, while perhaps good satire, could not be further from the truth. In reality, appellate practice is a unique form of litigation, subject to its own rules and nuances, and requires much more than attempting to reargue the same issues in a different forum. "Appellate work is most assuredly not the recycling of trial level points and authorities." Indeed, "because the orientation in appellate courts is on whether the trial court committed a prejudicial error of law, the appellate practitioner . . . who takes trial level points and authorities and, without reconsideration or additional research, merely shovels them in to an appellate brief, is producing a substandard product." Being successful in appellate practice requires thoughtful and careful consideration of the case in a whole new light and demands attention to a host of rules and procedural details. |An exhaustive consideration of every aspect of appellate practice in Nebraska is well beyond the scope of this type of article. Nonetheless, there are certain important considerations, with ramifications for the outcome of the case, which should be understood by anyone seeking to be successful in Nebraska's appellate courts. These considerations include such matters as ensuring jurisdiction of the appellate...