Appellate Practice

The practice of appellate law requires a perspective entirely different from trial litigation.  The trial process involves the initial persuasion of the judge and jury, based on the full array of available evidence and legal arguments. In the appeals process, however, the parties seek to persuade a panel of judges as to the correctness of their respective positions concerning a limited universe of legal issues that arise from the trial judge's rulings. As such, appellate practitioners must have the judgment and discipline to identify and focus upon those issues that are legally determinative, irrespective of the visibility those issues had at trial.

The appellate process begins before the appeal is filed, generally immediately after a verdict or trial court decision.  Crowe & Dunlevy appellate lawyers work with trial counsel to review the case with a fresh perspective, and to weigh the advantages and disadvantages of post-trial motions in the trial court, or the proper strategy in defending such motions.

During the appeal process itself, there are more procedural complexities and variations than might be expected, particularly in Oklahoma’s appellate courts.  Decisions must be made, for example, as to whether to ask the Supreme Court to retain or subsequently grant jurisdiction, as to when to seek rehearing of a decision, and as to when and how to seek additional time or page length for briefing.  By reason of our volume of appellate cases – both appeals and original actions in the appellate courts – and our combined years of practice, Crowe & Dunlevy attorneys have the experience and knowledge to avoid procedural traps, the judgment to make the proper choices as to the various procedural options which are presented in every appeal, and the ability to reach tactical conclusions consistent with the customs and practices of the Court that may not be explicitly embodied in the rules.

Two Crowe & Dunlevy Appellate lawyers, Clyde A. Muchmore and Harvey D. Ellis, Jr., co-author Oklahoma Appellate Practice (West Group), a comprehensive treatise on all aspects of appellate procedure in Oklahoma state and federal courts, consisting of two volumes, with a supplemental pamphlet containing detailed timetables for each kind of appeal. Mr. Muchmore and Mr. Ellis also co-author Oklahoma Civil Procedure Forms and Practice (Lexis Law Pub.), a two-volume book on Oklahoma civil procedure, which includes discussion and numerous forms for use in state and federal civil (including appellate) litigation practice. Richard C. Ford, a member of the appellate section, has contributed to the appellate chapters of the civil procedure book.

Mr. Muchmore is a member of the American Academy of Appellate Lawyers, a selective institution that is regarded as the appellate counterpart of the American College of Trial Lawyers.