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ARIZONA APPELLATE PROJECT - AN EXPERIMENT IN SIMPLIFIED APPEALS

NCJ Number
34027
Journal
UCLA Law Review Volume: 23 Issue: 3 Dated: (FEBRUARY 1976) Pages: 480-490
Author(s)
E M JACOBSON
Date Published
1976
Length
11 pages
Annotation
DESCRIPTION OF A PILOT STUDY BEING CONDUCTED IN THE ARIZONA APPELLATE COURT SYSTEM TO PROVE THAT QUALITY REVIEW COULD BE EFFECTED WITH LIMITED WRITTEN MATERIAL AND EXPANDED ORAL ARGUMENT, AND WITHOUT A TRANSCRIPT.
Abstract
DEMONSTRATION PANELS OF THREE EXPERIENCED APPELLATE LAWYERS ARE PLACED WITH THE TRIAL JUDGE AT THE TIME OF ORAL ARGUMENT ON PENDING MOTIONS FOR NEW TRIAL OR MOTIONS FOR JUDGMENT NOTWITHSTANDING THE VERDICT TO ACT AS AN APPELLATE COURT PANEL. PRIOR TO ORAL ARGUMENT, AS BRIEF SUMMARY OF THE CASE CONTAINING NAMES OF PARTIES, TYPE OF CASE INVOLVED, RESULT OF THE TRIAL, ISSUES CONTESTED, ISSUES RAISED BY THE MOTION, SYNOPSIS OF FACTS, AND CITATIONS TO CONTROLLING AUTHORITIES IS PREPARED BY LAW STUDENTS FOR THE PANEL. THE PANEL HEARS THE ARGUMENT AND DETERMINES IF IT CAN REACH A DECISION BASED UPON MATERIALS PRESENTED. PANEL RESULTS ARE THEN COMPARED TO RESULTS ACTUALLY REACHED ON APPEAL TO PROVIDE A CHECK ON THE VALIDITY OF ABBREVIATED PROCEDURE. AT THE TIME THE ARTICLE WAS WRITTEN, DEMONSTRATION PANELS HAD SAT ON ONLY 18 OF THE PROJECT'S GOAL OF 75 CIVIL CASES. TENTATIVE CONCLUSIONS INDICATE THAT MOST CASES ON APPEAL DO NOT REQUIRE THE COMPLETE BRIEFING THE APPELLATE PROCESS NORMALLY ENTAILS.

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