Can judge reconsider an objection he has already ruled on the next trial session after party raises it again the next trial day?
Herb's answer
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Answered on April 14, 2022
All rulings during a trial are subject to revision by the judge prior to entry of judgment, and after entry of judgment upon a proper motion.
Can we appeal a case dismissed with prejudice that we just find out revelations,facts about ?
Herb's answer
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Answered on April 10, 2022
I agree with my colleague that you question is confusing.
That being said, in order to appeal you first will need to attempt to vacate the...
Is it better to appeal or motion to reconsider an order?
Herb's answer
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Answered on April 04, 2022
It is usually not an either/or question. Motion for reconsideration are heard by the same judge that issued the original order and are governed by...
What are the rules for Petitioner to add declaration after I filed response to DVRO, and what are the rules for responding?
Herb's answer
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Answered on March 25, 2022
I recommend that you retain an attorney to review the merits and defend you. A domestic violence restraining order, if issued, has significant...
When should I inform opposing counsel that I intend to appeal the divorce judgment?
Herb's answer
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Answered on March 23, 2022
Much if not all of your question suggests that you do not understand the nature and purpose of an appeal, nor the deadline for filing a notice of...
Can you do a Petition for Review for part of an appeal's decision? That is, the COA ruled on 2 things and you want review on 1?
Herb's answer
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Answered on March 21, 2022
Yes, you can seek supreme court review of any portion of a court of appeal's decision. But be aware that the Supreme Court can grant review of any...
Can you request more time to file a Petition for Rehearing at the Court of Appeal in California?
Herb's answer
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Answered on March 21, 2022
You can ask but the request will be denied because the time for the court of appeal to rule on it is a jurisdictional deadline.
Are TROs put into CLETS?
Herb's answer
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Answered on March 14, 2022
If I am reading your question correctly, you are the protected party who sought the TRO. If that is the case you cannot "appeal" the order. ...
If we do a Petition for Rehearing at the CA Court of Appeal, is the deadline to request review at the Supreme Court extended?
Herb's answer
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Answered on March 13, 2022
No, a Petition for Rehearing does not extend time for a supreme court petition unless the rehearing is actually granted (which is rare). The court...
Can I appeal a restraining order decision after it has been processed?
Herb's answer
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Answered on March 13, 2022
A restraining order can be appealed, as long as you are timely. But an appeal is not a new trial, and often the failure to object to evidence in...
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