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In a domestic violence civil case, if the Judge stated some "facts" that were wrong that determined his decision, what can I do?
Herb's answer
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Answered on April 29, 2014
It is probably too late for an appeal. The maximum time allowed is 180 days from entry of the judgment or order. But as my colleague points out,...
Archived
How to appeal a jury trial verdict in a civil case?
Herb's answer
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Answered on April 29, 2014
You may also need to file a Motion for New Trial along with or in lieu of the JNOV. Whether you need to do so depends on the state of the record. ...
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Archived
Can a motion to strike memorandum of costs be brought ex parte or on shortened time, if I'm in a hurry to file an appeal?
Herb's answer
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Answered on April 27, 2014
The deadline for you motion to strike a cost memo runs from the date that the cost memo is filed and served; it has nothing at all to do with...
Archived
If when filing my designation of record on appeal I selected to proceed with appendix, is my appendix and brief due 40 days from
Herb's answer
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Answered on April 27, 2014
Although the rules do state that your opening brief is due in 70 days if you go be appendix, the reality is that it will be due 40 days after the...
How do I appeal an order that was only verbal, not written order?
Herb's answer
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Answered on April 26, 2014
If, as you report, you are appealing from a final order (dismissal), you are entitled to raise on appeal interlocutory orders issued prior to the...
Archived
I was looking over the trial minutes (civil) & noticed the judge wrote that he took some items into evidence "all by reference"
Herb's answer
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Answered on April 25, 2014
As you might be able to tell, none of us knows what it means to take evidence "by reference." All I an imagine it that the court - or you - meant...
Archived
I have a question about designation of record on Appeal:
Herb's answer
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Answered on April 22, 2014
You can't "designate" a record of proceedings that do not exist. You can either elect to forgo them (e.g., if they were law and motion matters) or...
What is the deadline for filing a motion for calendar preference in the court of appeal?
Herb's answer
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Answered on April 22, 2014
The deadline is "promptly". The terminology is "calendar preference." If you have grounds for the request, you should file it now.
Archived
Appeal was filed to a ud in long beach. Received a dismissal letter due to lack of opening statement.
Herb's answer
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Answered on April 22, 2014
I suspect that you mean that the appeal was dismissed for failure to file your opening brief (something a little more complicated than an opening...
Archived
Is there a time limit for a Judge to rule on a motion to reconsider?
Herb's answer
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Answered on April 22, 2014
Motions to reconsider generally do not extend your time to file a notice of appeal in federal courts. Whether there is an exception for a...
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