Whats happens when the respondent's 15 day grace period has passed.Brief was due by 30 days and its 50 days late
Herb's answer
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Answered on September 16, 2017
The grace period is not automatic; it is triggered by a notice sent by the appellate division clerk. Until that notice is mailed, the 15 day clock...
Not sure how to answer 1st question in form APP002 appealing a DVRO in California. ..
Herb's answer
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Answered on September 16, 2017
A restraining order is an injunction, so the proper code section is 904.1(a)(6). I would not sweat the detail, in any event, as notices of appeal...
Archived
How and what is required to start a Class Action Lawsuit on Probate issues.?
Herb's answer
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Answered on September 10, 2017
Unless you are an attorney, you cannot start a class action, because the class representatives and class members must all be represented by...
Archived
Request for a trial?
Herb's answer
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Answered on September 09, 2017
I am moving this question to family law because it concerns family law procedures.
As for an appeal you would have between 60 and 180 days to...
Archived
Do I have options with paying the penalties and interest on tot?
Herb's answer
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Answered on September 08, 2017
Please understand that we - the attorneys who volunteer to respond on AVVO - have no idea what happened.
I recommend that you consult with local...
Archived
Divorce - Post trial Attorney fees
Herb's answer
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Answered on September 08, 2017
One sure thing: you cannot ask for these attorneys fees for the first time in your appeal.
All of your other questions, however, should be...
How do I recover costs from opposing party whose actions against me failed?
Herb's answer
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Answered on September 04, 2017
In most situations, neither party is entitled to a separate cost award for prevailing on a motion (although there are exceptions). Instead, the...
Archived
Motion for New trial - Miscarriage of Justice
Herb's answer
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Answered on September 02, 2017
Yes, you must demonstrate prejudice or a "miscarriage of justice."
How do you do so? That is a very good question, because many times proving...
Archived
If I am a corporate officer, can the corporation authorize me to sue in its name and appear in court for them?
Herb's answer
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Answered on September 01, 2017
Only small claims. Corporations must be represented by attorneys at all higher levels.
Archived
Do I need to subpoena witnesses to the appellate hearing?
Herb's answer
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Answered on September 01, 2017
Unless this is a small claims appeal, it is not a "new trial". The appeal is based wholly on the record of the trial court and the parties'...
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