Archived
If out on a appeal bond and you done nothing wrong and your case has not been heard in appealet court can they revoke my bond
Timothy's answer
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Answered on August 13, 2014
Dear ?,
Since you are represented by counsel, all of us here are barred by professional ethical rules from advising you on the law of your...
Archived
Does FRAP Rule 26 apply to reply Brief submission timing/deadlines in the U.S. 2nd Circuit Court of Appeals.
Timothy's answer
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Answered on April 12, 2014
Dear ?,
Second Circuit Local Rule 31.2(a)(2) specifically provides: "A reply brief must be filed within 14 days after the filing of the last...
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Archived
Can I pursue trial de novo on specific issues from a case, or will the entire decision be reviewed?
Timothy's answer
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Answered on April 12, 2014
Dear ?,
Trial de novo means an entirely new trial. You would be giving up your judgment in hopes of getting a better one. So, in general,...
Archived
If I already filed a notice of appeal and served it, can I still file motion to vacate judgment?
Timothy's answer
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Answered on April 11, 2014
Dear ?,
I regret to tell you you jumped the gun by filing for appeal so soon. The standard procedure is to first file a motion for new...
Archived
Eviction appeal
Timothy's answer
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Answered on April 11, 2014
Dear ?,
This info is from the Clark County Court website:
Filing an Appeal of an Eviction Order
Either party may appeal from an order...
Archived
DOES THE APPELLATE COURT HAVE TO DECIDE EVERY MOTION?
Timothy's answer
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Answered on April 11, 2014
Dear ?,
First of all, if you want to maximize your chances of winning, you must file a reply brief. Here, I don't think you realize what a...
Archived
Can I appeal a order on a judgment that I won, if I waited longer than 180 days
Timothy's answer
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Answered on April 10, 2014
You can't appeal because you won. Go to nolo.com and get their book on collecting your California judgment.
Archived
What if federal claims were dismissed due to failure to file opposition motions? What about the State claims?
Timothy's answer
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Answered on April 10, 2014
Dear ?
"Does plaintiff have to file request for them to be sent to state court" You have to file a voluntary dismissal of them and refile...
Archived
My ex husband was in default in our divorce 7 months ago, his appeal denied, now he s trying to change his payments can he
Timothy's answer
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Answered on April 10, 2014
Dear ?,
If he can show changed circumstances, then he might qualify for a change in child support. But it is likely too soon for any change...
Archived
If a non-prevailing party filed objections to a Statement of Decision, how iare the orders treated on appeal?
Timothy's answer
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Answered on April 10, 2014
Dear ?,
It probably doesn't matter if the judge signed the orders before the filing of the appeal. As long as the record is clear there...
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