What happens if you forget to designate the record on appeal in a California Appellate Division? How do you fix that?
Herb's answer
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Answered on March 01, 2016
My colleague's guidance is correct, but she gave you the wrong rule of court. For an Appellate Division Appeal, the default rule is 8.842, not...
Archived
How can I help her? Could I still submit the photos and audio to the appeals court?
Herb's answer
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Answered on March 01, 2016
I generally concur with my colleagues' responses (although I would add that new evidence can be offered in a post-appeal habeous petition and,...
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Eviction question and if I can file an appeal?
Herb's answer
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Answered on February 28, 2016
By entering into a stipulated judgment, your husband essentially waived the right to an appeal. What you would need to do instead is file a motion...
Archived
Must I receive notice of the entry of judgment before filing a notice of appeal? Thank you
Herb's answer
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Answered on February 26, 2016
In federal court appeals, the 30 day time to file a Notice of Appeal begins to run from the day that the judgment was entered. Unlike state court,...
Archived
I lawyer required to give me full amount of support funds levied from ex?
Herb's answer
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Answered on February 25, 2016
Depending on the terms of your agreement with the attorney, he or she is allowed to withhold their claimed fees. But you also have the right to...
Archived
Questions about the criminal appeal process
Herb's answer
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Answered on February 24, 2016
It might be helpful for an appellate attorney to speak to the trial lawyers, but it is certainly not necessary. The Court of Appeal will decide...
Archived
So now what? Am I to assume he will sue me?
Herb's answer
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Answered on February 24, 2016
As my colleagues suggest, you are better off trying arbitration than not. It is more likely than an arbitrator will take the time to hear your...
Archived
In California, if you file a notice of appeal but later do a motion for new trial, can you file a second notice of appeal?
Herb's answer
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Answered on February 24, 2016
Unfortunately Mr. Anapol is incorrect. An order denying a Motion for New Trial is not itself an appealable order. The issues raised in that...
Archived
Can you resubmit a Writ of Mandate to the Court of Appeals once they deny it and explain what you didn't include?How long?
Herb's answer
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Answered on February 22, 2016
Assuming that the Court of Appeal issued a summary denial (i.e., a sentence or perhaps a few without deciding the writ on its merits), your chances...
Archived
What is best direction to go with New Trial Motion or an Appeal?
Herb's answer
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Answered on February 21, 2016
Often (but not always) you would file a motion for new trial and, later, an appeal. They are not mutually exclusive, and often a purpose of a...
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