Exam 12: Post-Trial Practice From Motions to Appeal

Place a page reference to or a copy of the Bill of Costs in your systems folder. If your state has a similar form, include it. Note the applicable state and federal rules.

In what areas is a paralegal's assistance especially effective in appeals practice?

Name three discovery devices that can be helpful in postjudgment investigations.

A bill of costs does not include

Research your state law to determine what assets of a judgment debtor are exempt from execution on the judgment. List these in your systems folder.

Only the appellant files an appellate brief.

To what law does a judgment creditor in federal court look to enforce a federal judgment? A state judgment in state court?

In the federal system, the notice of appeal is filed in the appellate court.

Up to 25 percent of disposable earnings can be garnished.

Letters written to obtain payment of a judgment for a personal debt are governed by the

A lien is

If a motion for a new trial is granted, the trial is held in appellate court.

Go to HYPERLINK "http://www.ca6.uscourts.gov/" www.ca6.uscourts.gov. What types of information does this site have or link to that would help you if you had an appellate case in the 6th Circuit?

Assume that your client has a judgment for $250,000 against X, who lives in your state. You know that X has $100,000 in liability insurance, a $100,000 home and land, a small cottage worth $60,000 (but only $15,000 paid for), two vehicles each worth $10,000 (both paid for), a boat worth $7,000, and an online coffee business that generates $30,000 in gross annual income. Under your state statutes, what of X's assets are not exempt from execution on the judgment?

Compare and contrast your federal circuit court of appeals brief requirements with your state's appellate rules for briefs. Prepare a list of the differences and similarities for your systems folder. Note that some courts may have local rules that supplement these rules. Be sure to include any local rule requirements in your analysis.

What is a judgment debtor? A judgment creditor?

What are three grounds for a motion for a new trial?

Mercury Parcel has had a judgment entered against it for negligence against Mrs. Forrester. (a) Identify and prepare the motion(s) that Mercury Parcel can assert prior to filing a notice of appeal. (b) Assume that Mercury’s motion(s) have been denied by the trial court judge, and prepare the notice of appeal in accordance with the rules in your jurisdiction. (c) Outline the components and requirements of an appellant’s brief following your jurisdiction’s rules of appellate procedure. Include in your outline such information as page limits, font size, margins, and any other requirements for filing a brief.

A prejudgment remedy

What are the formal methods that can be used by a judgment creditor to determine the assets of the judgment debtor?