Appellate Litigator

While representing appellants, Myron Moskovitz has won over 80% of his published appellate cases — a cut above the average 20% reversal rate for civil appeals. Learn more about his career in appeals:

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Appellate Consultant

When other attorneys look for help with an appeal cases, they turn to Myron Moskovitz. He has helped hundreds of lawyers analyze their cases, write briefs, and prepare for oral argument.

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Appellate Teacher

Myron Moskovitz has taught lawyers throughout California how to strategize their writing to persuade judges. His book, Winning An Appeal, is a resource used by lawyers all over the country.

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I recently picked up an opposing brief in an appeal I’m handling. My opponent made some good points, but he also went after me. He called my arguments “facile”, called one of my factual assertions “pure fantasy”, accused me of “embellishing the record”, called my inclusion of a particular case “simply inexcusable”, and said that [...]

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Seeking Review by the California Supreme Court

The Problem Most jurisdictions have two levels of appellate courts: an intermediate appellate court, and what I’ll call the “Top Court”. In New York, the Top Court is called the Court of Appeals. In most other states, it’s called the State Supreme Court. And, of course, the Toppest Court of all is the U.S. Supreme [...]

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Petition for Rehearing in Court of Appeal

Despite your best efforts, the appellate court ruled against you. You read their opinion, and you are furious. They got it all wrong. The rules allow a petition for rehearing, so let’s do it! If we show the court the error of their ways, they’ll correct it – and probably apologize and thank us, right? [...]

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The Problem The trial court erroneously (you believe) overruled your demurrer. Or denied your motion for summary judgment, forcing you to go to trial. Or denied your discovery motion. Or granted a motion in limine, keeping the jury from hearing your juiciest evidence. Or refused to instruct the jury on your punitive damage claim. All [...]

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Speech fo San Francisco Bar Association

On Monday, March 2, from 5 to 6 p.m., I’ll be speaking on “Writing an Effective Brief” to the Bar Association of San Francisco, at 301 Battery St., San Francisco. To sign up, go to

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Why Orally Argue Your Appeal?

Most lawyers waste oral argument – because they haven’t considered when oral argument occurs.  They might present what looks like a brilliant oration that impresses everyone watching – including the judges – but does little to accomplish what their client hired them to do: win the appeal. Why?  Try this. Read a set of briefs [...]

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The Appellant’s Reply Brief

Many judges derisively call Reply Briefs “Repeat Briefs”, because most do no more than repeat arguments made in Appellant’s Opening Brief. Put yourself in the shoes of the Decider. You just read the Opening Brief and then the Respondent’s Brief. Why would you then want to spend more valuable time reading a rehash of arguments [...]

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Writing a Persuasive “Statement of the Case”

The Statement of Facts should include both procedural facts and substantive facts. The procedural facts are usually stated first, sometimes in a separate section headed “Statement of the Case” or “Procedural Facts.” This should include all the facts about the procedural history of the case that will be helpful to the appellate court in deciding [...]

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Writing An “Introduction” to An Appellate Brief

For the Appellant For the Appellant, writing a good Introduction takes careful thought. Appellate court rules do not require an Introduction. So Sculpt the Elephant: don’t include one automatically. First consider why you are doing it. I see many Introductions that try to do too much. They argue the case. But it might be too [...]

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Moot Courts for Appellate Arguments

For several years, I directed the Moot Court for Lawyers program at Golden Gate. Lawyers with cases pending in the California Supreme Court and other appellate courts would present their arguments to a panel of appellate litigators and retired judges. One of the arguments is described in a recent Recorder article. See below. Since I [...]

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