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Federal Appeals and Motions Practice in U.S. Circuit Courts

Making or Opposing Requests for Permission to Appeal, Mandamus, Stays, Summary Disposition, and Other Relief

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, February 16, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will explore the procedural and substantive motions that can be filed with a U.S. Circuit Court to initiate an appeal and once the appeal is pending. The panel will discuss how strategic use of motions --or successful opposition to them--can influence the course of the appeal. The program will also offer best practices and strategies for creating compelling motions and responses and avoiding common pitfalls.


Appellate petitions and motions allow parties to obtain an interlocutory appeal, end an appeal without full briefing and argument, and otherwise shape the course of an appeal. The importance of properly prepared and truly persuasive petitions and motions thus cannot be overstated.

Simultaneously, however, appellate petitions and motions are subject to a host of often complex procedural rules and unwritten court customs that can be the difference between success and failure.

Listen as our panel of experienced appellate attorneys discusses the nuances of federal appellate petitions and motions, provides tips on navigating the system, and addresses common mistakes.



  1. Petitions to appeal
    1. Certified appeals under Section 1292(b)
    2. Class certification appeals under Rule 23(f)
    3. Procedural requirements
  2. Mandamus petitions
    1. Standards for obtaining a writ of mandamus
    2. Procedural requirements
  3. Motions practice
    1. Common substantive motions
    2. Common procedural motions
    3. Procedural requirements


The panel will review these and other key issues:

  • What are the most important variables to consider in filing and responding to appellate petitions and motions?
  • What strategic considerations impact the choice and timing of motions?
  • How do circuit differences and unwritten court customs affect the federal appellate motion practice?
  • What are the common mistakes made by appellate counsel when preparing and filing petitions and motions?


Lerman, L. Rachel
L. Rachel Lerman, Esq.

LDB General Counsel and Vice Chair
The Louis D. Brandeis Center

Ms. Lerman (“Rachel”) is General Counsel and Vice Chair of LDB and a member of its Board of Directors....  |  Read More

Sungaila, Mary-Christine
Mary-Christine (M.C.) Sungaila


M.C. Sungaila is the leader of Buchalter’s Appellate practice. Ms. Sungaila is a highly regarded appellate...  |  Read More

Voigts, Anne
Anne M. Voigts

King & Spalding

Ms. Voigts has worked on cases before the United States Supreme Court, the California Supreme Court, and federal and...  |  Read More

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