Connecticut Bar Journal V. 34

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34 Conn. B.J. 1 (1960)

handle is hein.barjournals/conebaj0034 and id is 1 raw text is: SUGGESTIONS FOR APPEALS

SUGGESTIONS FOR APPEALS TO THE SUPREME
COURT'
By HON. RAYMOND E. BALDWIN *
Rules of appellate procedure are not designed as traps for
the indifferent or the unwary. Their purpose is to present a
question of law on appeal in a concise and understandable
manner and with reasonable promptness. They require
conformance to their mandates by the bar in order to main-
tain proper standards of appellate procedure. It is not my
purpose to treat the rules seriatim, but to point out some of
the difficulties in which even experienced counsel sometimes
become involved. In perfecting his appeal and preparing
his brief the wise lawyer has his practice book opened be-
fore him at every stage of his work. It is well, too, that he
have Maltbie, Connecticut Appellate Procedure, handy.
Some counsel, however, rely upon faulty memory or take a
chance that everything will be all right and, as a result, the
record and brief present the issues of law on appeal in a
clumsy way or are totally lacking in one or more of the
essentials vitally needed.
Since the adoption of the new rules in 1951, the Supreme
Court has had, each term, an increasing number of motions
to dismiss appeals. At this October term, for example, there
were eleven such motions. We might, therefore, start with
discussing motions to dismiss. Section 436 of the Practice
Book provides that Any claim that an appeal or writ of
error should be abated or dismissed, whether based on lack
of jurisdiction, failure to file papers within the time allowed,
failure to prosecute with proper diligence or any other
ground, shall be made by a motion to dismiss the appeal or
writ. Any such motion must be filed . . . within ten days
1 Address delivered at a Junior Bar Seminar held during the Annual Meeting
of the State Bar Association October 20, 1959.
* Chief Justice of Connecticut.

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