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John Toby Schreiber's Answers
- 4 Legal Answers
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2
Attorney answers:
Appeal Child Custody Order
My first question would be whether there have been hearings in both California and Washington State, and if so, whose state order came first. This focuses on issues involving the Uniform Child Custody Jurisdiction Enforcement Act and determines whose court, California or Washington, has authority or jurisdiction to make orders regarding custody over the child at issue. From what you are telling me the child's home state is in California. Did the child reside in California for at least six...
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2
Attorney answers:
How do I appeal a default judgment of Unlimited Civil Lawsuit with improper service?
Based on the information contained in your question, I would respond as follows: Appellate courts almost always only take into account what took place in the trial court. Right now all that's in the trial court record is what the plaintiff (who sued you in the first place) submitted to the trial court. That doesn't help you. So what you would need to do is to file a motion to vacate or set aside the judgment based on extrinsic fraud or mistake, to give the trial court a chance to cure...
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2
Attorney answers:
Appeals from Bankruptcy Adversary – Can a Motion be filed after Briefs have been filed - Must I respond?
1. Yes. 2. In this case from your question it sounds like the Appellant's attorney filed a motion to strike your Appellee's Brief for containing materials outside the record and your Exhibits as not part of the record because he claims that you told him that you weren't going to add anything to his exhibits. He may be arguing that he was prejudiced by your filing your exhibits with your brief and maybe referring to those exhibits in your brief and that he did not have an opportunity to...
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3
Attorney answers:
Appeals process under CA civil rules, can new evidence be introduced or presented at appeal
There may be very narrow, specific exceptions to this rule, but generally the answer is that no. New evidence may not be introduced or presented on appeal. Rules of appellate procedure governing civil appeals require that any evidence that a party wants the appellate court to consider on appeal must have first been introduced in the trial court. This rule derives from the different functions of trial and appellate courts. Trial courts decide factual and legal issues. Appellate courts...
1 person marked this answer as helpful