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I had inadequate representation during the appeal is that grounds to possibly try to refile an appeal that was found untimely?
T. Peter's answer
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Answered on July 01, 2018
Unfortunately an appeal filed late in the California appellate courts must be dismissed because the court does not have jurisdiction over an...
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CCan a respondent patisapate in the orral arguments if they haven't turned in appellate briefs?
T. Peter's answer
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Answered on April 19, 2018
Based on your location, and term “respondent”, I’m assuming you’re asking about the California Court of Appeal. The Presiding Justice in her or his...
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What is it called in any matter when you need injunctive relief by the appeals court by intervention?
T. Peter's answer
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Answered on April 05, 2018
Assuming your question pertains to California state court, the vehicle to challenge a non-appealable order is usually a “Petition for Writ of...
What is the difference in abuse of discretion and de novo review in the court of appeals in how they actually review the appeal?
T. Peter's answer
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Answered on March 11, 2018
The judicial attorney to whom the appeal is assigned generally will review all parts of the record cited in the briefs regardless of the standard...
Can I use most of my time allotted for oral argument for rebuttal in appellate court?
T. Peter's answer
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Answered on March 11, 2018
You may ask to reserve most of your time for rebuttal argument, but do not count on being able to address all of the new issues raised in the...
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Writ of Mandate, [Notice of Appeal], Appeal
T. Peter's answer
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Answered on March 11, 2018
In addition, you should determine whether the "order" referenced in your question is reviewable only by a petition for writ of mandate filed in the...
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Hi, if I don't file my respondent's brief on an appeal in the Appellate court of appeals, do I get the 15 days grace period?
T. Peter's answer
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Answered on March 11, 2018
Yes, under Rule 8.220(a) of the California Rules of Court, if you do not timely file a respondent's brief in the California Court of Appeal, the...
Is it common for an attorney to have a different view of the case merits then initially thought?
T. Peter's answer
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Answered on January 08, 2018
Yes, it does happen that an appellate attorney new to the case, after reviewing the record and the relevant law, forms an opinion different than...
In a California civil appeal am I allowed to say that I should be given leave to amend based on new facts and a new theory?
T. Peter's answer
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Answered on December 04, 2017
Yes you may assert a new legal theory on appeal from judgment dismissing case on demurrer if the theory is based on factual allegations already...
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Does an extension to file an appeal brief start the day you request it, or from due date?
T. Peter's answer
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Answered on November 24, 2017
It is best to file a request for an extension of time sooner rather than later, but you may file it as late as the original filing deadline for...