Name: Is Dismissal coming? - Depp v. Heard Appeal - Attorney Analysis
Uploaded: 2022-10-23T13:00:32+00:00
Duration: 13 min 36 s
Description: I had several folks ask me about a video by Katherine Lizardo and whether Amber Heard's appeal is going to be dismissed. Katherine did a great video looking into the rules that apply to the appeal, wh

3 years ago

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I had several folks ask me about a video by Katherine Lizardo and whether Amber Heard's appeal is going to be dismissed. Katherine did a great video looking into the rules that apply to the appeal, which you can watch here:

https://www.youtube.com/watch?v=rDRhmKMIugE

My conclusions from these rules are that Amber's designations of assignments of error are not defective but even if they were, she would likely be given a chance to fix it.

00:00 Intro
01:40 Rule 5A:25 is what applies to Amber's designations of error
02:05 Amber didn't designate an appendix - is that a defect?
02:29 The appendix not required if the record is filed electronically, which is what we have
03:28 Amber didn't cite to the record - is that a defect?
03:41 Record citations for assignments of error are in rule 5A:20, which applies to briefs
05:40 It's possible the requirements of 5A:20 apply to 5A:25, but I think that's unlikely
07:17 5A:20 also establishes consequences for three types of errors
08:26 Automatic dismissal doesn't apply to failing to include record citations
09:31 Technical problems can usually be cured, substantive ones are dismissed
10:54 My conclusions
11:37 Up next - Rule 5A:25 allows responsive designations of error, and we're getting some