Edited by David F. Herr, Eric J. Magnuson, Michael E. Gans, Dana L. Oxley, Jon Schmidt & Aaron Van Oort
The 8th edition of the Eighth Circuit Appellate Practice Manual is designed to be a primary resource for attorneys representing clients in its namesake jurisdiction. Written with an eye for comprehensiveness and edited to serve as a quick reference tool, the manual offers indispensable aid, both in the office and the courtroom itself. Its chapters trace the breadth of Eighth Circuit action – from basics like office locations and biographies of current judges to more involved issues regarding specific types of appeals – and are supplemented throughout with forms, checklists, and practice tips gained from the authors’ unparalleled experience on both sides of the bench. The 8th Edition of the Eighth Circuit Appellate Practice Manual features the Eighth Circuit Local Rules and Internal Operating Procedures, as well as a newly-updated comprehensive subject index and table of authorities.
BUNDLE AND SAVE!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
Eighth Circuit Basics
The Eighth Circuit Defined, Clerk’s Office; Procedures of General Applicability; Decision Makers, Panels, and Related Issues; Biographical Information on Current Eighth Circuit Judges; Supporting Legal Personnel and Resources; Circuit Administration; Judicial Conference.
– Thomas H. Boyd
Professional Responsibility and the Appellate Advocate
Introduction; Competence; Scope of Representation; Diligence; Communication; Conflicts of Interest; Candor in Presenting Record; Frivolous Appeals; The Appellate Brief; Oral Argument; Civility; Conclusion.
– Karl E. Robinson
Appellate Court Jurisdiction
Introduction to Court of Appeals Jurisdiction in Civil Cases; Statutorily Defined Bases for Jurisdiction; Judicially Defined Bases for Jurisdiction; Justiciability: “Cases and Controversies”; Territorial and Subject Matter Limitations on Jurisdiction.
– James R. Layton
Persons Who May Take or Participate in Appeals
Right to Appeal (Who May Take An Appeal?); Parties to Appeal; Multiple Party Appeals; Amicus Curiae; FORM 4-1 – Notice of Cases Involving Constitutional Question; FORM 4-2 – Motion to Intervene Constitutional Question; FORM 4-3 – Motion to Substitute Party; FORM 4-4 – Notice of Joint Appeal; FORM 4-5 – Motion to Consolidate Appeals; FORM 4-6 – Stipulation to Consolidate Appeals.
– Bruce Jones & Jeffrey P. Justman
Initiating Appeals from District Court Decisions
Chapter Scope and Key Resources; Appeals as of Right; Permissive Appeals; Other Mechanics.
– Liz Kramer
Responding to an Appeal and Voluntary Dismissal
Introduction; Motions to Dismiss Appeal; Cross-Appeals and Separate Appeals; Responding to Appellant’s Appeal; FORM 6-1 – Stipulation of Dismissal of Appeal.
– Wayne S. Moskowitz
Effect of Appeal, Stays and Supersedeas
Introduction; General Effect of Appeal (Jurisdiction); Obtaining Stay of Enforcement of District Court’s Judgment; Alternative to Stay – Expedited Appeal; FORM 7-1 – Motion for Stay; FORM 7-2 – Stipulation for Stay; FORM 7-3 – Motion to Approve Bond; FORM 7-4 – Motion to District Court for Stay of Execution of Judgment; FORM 7-5 – Opposition to Motion for Stay; FORM 7-6 – Motion to Court of Appeals for Stay.
– Scott M. Flaherty
The Record on Appeal
Introduction to Record on Appeal; Designating the Standard Record; Agreed Statement of Record; Correcting and Modifying the Record; Transmitting the Record; Filing the Record in the Court of Appeals; Supplementing the Record; FORM 8-1 – Certificate as to No Transcript.
– Bryan C. Walsh
Motions Practice and Summary Disposition of Appeal
Motions Practice, Generally; Types and Determinations of Motions; Motions for Substantive Orders; Initiating Motions; Response to Motion; Reply to Response; Argument on Motion; Ruling on Motion; FORM 9-1 – Affidavit of [Name of Affiant]; FORM 9-2 - Motion.
– Erica A. Holzer
Brief Writing and Appendices
Introduction; Types of Appeal Briefs; Requirements for Appeal Briefs; Contents of Appeal Briefs; Writing the Brief; The Appendix; CHECKLIST 10-1 – Civil Case Briefing Checklist; CHEKCLIST 10-2 – Criminal Case Briefing Checklist; FORM 10-3 – Notice of Intent to Proceed by Separate Appendices.
– Kenneth Lee Marshall & Damien A. Riehl
Hearing and Argument
Introduction; The Court’s Procedure with Respect to Oral Argument; What Do Judges Do to Prepare for Oral Argument?; What Should Attorneys Do to Prepare for Oral Argument?; The Big Day – Presenting the Oral Argument; Conclusion.
– Dana L. Oxley
Scope and Standards of Review
Scope of Review; Waiver Issues on Appeal; Limitations on the Scope of Appeal; Standards of Appellate Review.
– Katherine S. Barrett Wiik & Ted Sampsell-Jones
Disposition of Appeal
Introduction to Decision-Making by the Eighth Circuit; Screening of Cases for Oral Argument or Submission on the Briefs; Behind the Scenes at Oral Argument; Preparation of Opinion; Entry of Judgment and Issuance of Mandate.
– Jesse Mondry & Aubrey Zuger
Rehearing (Reconsideration) by Panel; Rehearing En Banc; The Mandate; Writ of Certiorari; FORM 14-1 – Motion to Extend Time to File Petition for Rehearing; FORM 14-2 – Petition for Rehearing; FORM 14-3 – Response to Petition for Rehearing; FORM 14-4 – Motion for Leave to File Brief as Amicus Curiae; FORM 14-5 – Motion to Stay Issuance of Mandate.
– Stephen P. Safranski
Civil Appeals of Magistrate Judges’ Decisions
Overview of Proceedings Before Magistrate Judges; Review of Magistrate Judge’s Decisions Where There Was No Consent to Reference; Review of Magistrate Judge’s Decisions Where Parties Consented to Reference.
– Peter D. Gray
Review in Bankruptcy Cases
Introduction; Jurisdiction; Right to Appeal; Time for Appeal; Initiating Appeal as of Right; Election of Forum; Initiating Appeal by Leave; Stay Pending Appeal; Indicative Rulings; Amicus Curiae; Intervening in an Appeal; Prosecution of Appeals to the Bankruptcy Appellate Panel for the Eighth Circuit; Disposition and Publication; Costs; Admission to Practice Before the Bankruptcy Appellate Panel; Prosecution of Appeals to the District Court; Voluntary Dismissal; Duties of Clerk on Disposition of an Appeal; Stay of Judgment; Appeals to Eighth Circuit Final Judgment, Decree, or Order Entered on Appeals in Bankruptcy Cases.
– Charles E. Nelson
Direct Review of Administrative Agency Decisions
Introduction; Availability of Direct Review in the Court of Appeals; Persons Who Can Seek Review of an Agency Decision; Initiating Direct Review in Court of Appeals; Procedures After Court of Appeals Review is Initiated; Standards of Review; FORM 17-1 – Petition for Review.
– Thomas E. Bailey, Elizabeth M. Brama & Lauren E. Pockl
Appeals of Tax Decisions
Introduction and Scope; United States Tax Court Jurisdiction and Proceedings; Jurisdiction Over Particular Cases; Overview of Proceedings for Review in Tax Deficiency Determinations; Jurisdiction of the Court of Appeals in Tax Cases; Standards of Review in Tax Appeals; Procedure for Review in Court of Appeals; Time for Appeal; Venue on Appeal; Notice of Appeals; Response to Notice of Appeal: Cross-Appeals and Protective Appeals; Record on Appeal; Docketing the Appeal; Stay Pending Appeal: Bond; Briefing and Oral Argument; FORM 18-1 – Notice of Appeal to Court of Appeals.
– John P. Barrie & Michael J. Kaupa
Criminal and Habeas Corpus Appeals
Introduction; Types of Appeals in Criminal Cases; Preserving Errors for Appellate Review; Relationship with the Client; Decision to Appeal Following Conviction and Duty of Trial Counsel; Perfecting the Appeal; Release Pending Appeal; The Record on Appeal; Briefs; Oral Argument; Government Appeals; Post-Opinion Procedures; Collateral Relief in Criminal Cases: State Prisoners’ Federal Habeas Corpus Cases, Federal Prisoners’ Section 2255 Cases, and Capital Prisoners’ Subsection 3599(e) Representation.
– David R. Stickman & Jennifer Gilg
Review by Extraordinary Writ in Civil Cases
Introduction; Availability of Review by Writ; Extraordinary Circumstances Justifying Issuance of Extraordinary Writes; Procedure; FORM 20-1 – Petition for Writ of Mandamus; FORM 20-2 – Petition for Writ of Prohibition; FORM 20-3 – Answer to Petition for Writ of Mandamus; FORM 20-4 – Answer to Petition for Writ of Prohibition.
– Rodney M. Confer & Jeanelle Lust
Costs on Appeal
Introduction; Who May Tax Costs; What Costs Are Recoverable; Procedure for Recovering Costs; Appellate Attorney’s Fees; Interest on District Court Judgment; Federal Rule of Appellate Procedure 38, Damages and Costs for Frivolous Appeal; FORM 21-1 – Appellant’s Bill of Costs and Affidavit of Counsel; FORM 21-2 – Motion for Attorney’s Fees on Appeal; FORM 21-3 – Affidavit in Support of Motion for Attorney’s Fees on Appeal.
– Benjamin J. Wilson
Introduction to Sanctions on Appeal; Sanctions on Appeal; Determining the Sanctions; Review of Decisions on Sanctions; FORM 22-1 – Motion for Sanctions.
– Bruce Jones
Rules, Precedents and Related Issues
Federal Rules and Laws of Practice and Procedure; Choice Between Federal Procedure and State Law; Federal Law Precedents; State Law Precedents and Related Issues; Law of the Case; Application of New Law on Appeal.
– Margaret C. Callahan & Mahesha P. Subbaraman
Certiorari Practice in the U.S. Supreme Court
Introduction to U.S. Supreme Court Certiorari Practice; Petitioning the Court for a Writ of Certiorari; Responding to a Petition for Certiorari; Reply and Supplemental Briefs; Amici Curiae; Disposition of the Petition; Accelerated Review, Stays and Temporary Injunctions, and Additional Procedures.
– Bruce Jones
Table of Authorities
HARD COPY: $189
LINKEDLAW: $125 for 1-year subscription
Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
Other discounts that may apply:
Please email email@example.com or call 800-759-8840 to inquire about bulk orders.
Take Your Deskbooks to the Next Level With LinkedLaw
Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw eDeskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw eDeskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book.
And, with a LinkedLaw eDeskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw eDeskbook, becoming instantly available at no extra cost.
LinkedLaw eDeskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!
Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.
Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.
LinkedLaw can be used on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.
LinkedLaw also can be used on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.
The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw eDeskbook.
Test your system by viewing this LinkedLaw sample:
I understand and agree to the following:
The LinkedLaw subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw eDeskbook during your subscription period. Sections of the eDeskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw eDeskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.
Disclaimer and Limitation of Liability:
Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.
The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.
Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.
Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.
Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.
This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.
Do I need any special hardware or software to use LinkedLaw?
LinkedLaw can be used in any Internet browser on any device. Some tools like copy/paste may not be available on mobile devices. Test your system by viewing the LinkedLaw eDeskbook sample.
May I preview LinkedLaw before deciding to subscribe?
You are welcome to give the LinkedLaw eDeskbook sample a test drive!
May I subscribe to a LinkedLaw eDesbook over the phone?
No, purchasing a subscription online is how you activate the link to access your eDeskbook subscription.
Can I be invoiced for a LinkedLaw eDeskbook subscription?
No, subscriptions must be purchased and paid for online.
Is the length of my subscription rounded off to the nearest week or month?
No, your subscription will run one full year, to the day. You can see the expiration date of your subscription under My Account > eResources & Publications.
Once I’ve purchased a LinkedLaw eDeskbook subscription, how do I access it?
Log into your account on the Minnesota CLE website and go to My Account > eResources & Publications. Click the VIEW button by the LinkedLaw eDeskbook title.
Will I always have access to the LinkedLaw eDeskbook eFormbook?
Yes, you will always have access to the eFormbook as long as you have an active subscription to the LinkedLaw eDeskbook.
Do I need to purchase updates for my LinkedLaw eDeskbook?
No, any update or new edition published during your subscription period is included at no extra charge and will be incorporated automatically and seamlessly into your LinkedLaw eDeskbook.
Can I download the forms in my eFormbook?
Yes, and we recommend that you download all of the forms in your eFormbook so you can use them without Internet access.