Category Archives: Appellate Practice

Claudia Johnson Guest Post: Appellate Courts show willingness to reverse decisions where due process and decisions are not explained in SRL cases—Are DV cases the canary and a natural for innovation?

Multiple decisions have come to my attention where appellate courts are reversing trial courts on cases where one of the parties did not have a lawyer. All cases come from Domestic  Violence dockets. Is this a new trend for DV … Continue reading

Posted in Access to Justice Generally, Appellate Practice, Document Assembly, Domestic Violence, Family Law, Guest Bloggers, Judicial Ethics, Self-Help Services | 1 Comment

A Way For Courts to Show They Are Serious About Making The Law Accessible — Plain Language Explanations of Appellate Decisions

Here is an idea for how appellate courts could demonstrate their committement to making the law accessible.  They could include in all decisions a short explanation of the decision in plain language (great examples of plain language in box in … Continue reading

Posted in Appellate Practice, Plain Language | 1 Comment

What Do Courts Mean to Say When They Cite the Proposition That The Same Rules Apply to the Self-Represented and the Represented

All to often, appellate courts cite something for the proposition that self-represented litigants are held to the same rules as those with lawyers.  The problem with this obvious statement (which is even in its own terms untrue when the rules … Continue reading

Posted in Appellate Practice, Judicial Ethics, Supreme Court | 3 Comments