Is a Meet and Confer required before filing a motion (with the Court of Appeals - Ninth Circuit) to dismiss an untimely appeal?
Herb's answer
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Answered on November 09, 2013
It is not exactly "required" but it is strongly recommended. See Notes to Circuit Rule 27-1: your motion should state the position of opposing...
Archived
Upholding the judicial standard
Herb's answer
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Answered on November 06, 2013
I agree with my colleagues that your question is too general to be answered. But I can say that trial court judges have no discretion to disregard...
Archived
Preparing a brief for appeal
Herb's answer
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Answered on November 05, 2013
I believe that you misunderstand the concept of "judicial bias". That concerns impermissible bias -e.g., discrimination on the basis of race or...
Archived
Can i appeal a mediators report? She only inspected my home, never my ex s, she only interviewed his family/friends and not mine
Herb's answer
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Answered on November 02, 2013
The report is merely a recommendation to the judge. You have the right to an evidentiary hearing and to have your own expert refute the...
Archived
Can I have ex-wife legally evicted for refusing to sell the marital home as court ordered?
Herb's answer
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Answered on November 02, 2013
You probably need to file a Request for Orders asking the court to enforce the previous orders (sometimes the court will sign the listing...
Archived
Can I counter claim for the interest on a judgment owed by the plaintiff?
Herb's answer
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Answered on November 02, 2013
Mr. Lysle's point is that the small claims court probably does not have jurisdiction to hear your ex's case, nor jurisdiction to hear your counter...
Archived
Can a lawyer quit 2 weeks before court without an explanation? Can I take some action?
Herb's answer
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Answered on October 30, 2013
It is not uncommon for attorneys to eventually conclude that their client does not have a strong case, and to recommend settlement. And, no lawyer...
Archived
Is it difficult to obtain legal fees in Divorce Decree? It is spelled out correctly and everything......
Herb's answer
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Answered on October 30, 2013
No attorney on AVVO can or should recommend whether to accept a settlement or not without knowing the case in great detail, including the...
Archived
What form to use on an appeal?
Herb's answer
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Answered on October 30, 2013
f you want to challenge an error or the form of the judgment, you will first need to file some form of motion in the family court court to...
Archived
Can a TRO be appealed or if a TRO is made permanent can that be appealed and if appealed does it go to different judge
Herb's answer
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Answered on October 27, 2013
A TRO and a permanent injunction are both, technically speaking, appealable orders. As this is a family law case, the appeal goes before the state...
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