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Appellate Litigation

Direct Appeals

On our clients’ behalf, Jones Waldo attorneys have brought or defended dozens of direct appeals from decisions rendered by lower courts. We consult closely with our clients to determine the best appellate strategy and then guide them through the initial procedural phase of direct appeals. Many collateral issues can arise during this often complicated phase of the proceedings, including whether to seek or object to a stay of the lower court’s decision; whether to obtain or object to the posting of an appeal bond; and whether to seek or object to expedited appellate review. Our attorneys have successfully litigated these and other issues related to procedural aspects of appellate proceedings.

After the procedural phase is complete, Jones Waldo attorneys have the background and experience to present top-flight, substantive appellate arguments, both through written briefing and oral appellate advocacy. Our attorneys have made numerous arguments before state appellate courts, including the Utah Court of Appeals, the Utah Supreme Court, and the appellate courts of California, Idaho, New Mexico, New York, Michigan, Ohio and Wyoming. Jones Waldo attorneys also have presented clients’ cases before federal appellate courts, including the United States Court of Appeals for the Tenth Circuit, the Bankruptcy Appellate Panel of the Tenth Circuit, the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Ninth Circuit, the United States Court of Appeals for the Eleventh Circuit, the United States Court of Appeals for the D.C. Circuit, the United States Court of Military Appeals, and the United States Supreme Court.

Petitions for Writ of Certiorari

Jones Waldo attorneys have experience petitioning for (and opposing petitions for) a writ of certiorari, by which a party asks one appellate court to undertake an optional review of the ruling of another appellate court. We have successfully opposed certiorari petitions filed with state supreme courts asking for review of a decision rendered by a panel of the state intermediate court of appeals. We have also filed successful petitions for writ of certiorari for clients, in which we have persuaded state supreme courts to hear their clients’ appeals from decisions of intermediate appellate courts.

Extraordinary Proceedings

Jones Waldo attorneys also have experience representing clients before appellate courts in non-traditional proceedings. For instance, we have successfully initiated original proceedings with appellate courts, such as petitions for extraordinary writs and petitions for writs of mandamus. We also have successfully filed and maintained interlocutory appeals in certain situations.



Attorneys
Bruce Wycoff (Group Leader)
Janelle E. Bauer
Stephen C. Clark
Timothy C. Houpt
Russell S. Mitchell
Michael Patrick O'Brien
Jesse Oakeson
Brady L. Rasmussen
Marci B. Rechtenbach
Jerome Romero
Gary G. Sackett
Michael R. Shaw
Mark D. Tolman