Archived
Do you have to file a separate appeal for the amended judgment if a post trial costs order was entered after the judgment?
Michael's answer
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Answered on November 18, 2015
Generally, no. If you've filed an appeal from the original judgment, the trial court is without jurisdiction to subsequently amend the judgment in...
Archived
What is it more recommendable to file first to the supreme Ct.; a petition or a request for depublication of an opinion?
Michael's answer
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Answered on September 15, 2015
It is quite comment to see both--but they have to be filed separately. Even more common is to see the weekly conference results stating "petition...
Archived
Is writing an introduction necessary for an appellant's reply brief?
Michael's answer
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Answered on August 13, 2015
It's certainly not "required," but it may be a good idea in some cases. I use the reply to really zero in on the issues upon which the case...
Archived
California Court of Appeals: I filed and served my Designation of Record and as I understand the rules, the respondent must file
Michael's answer
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Answered on August 04, 2015
The Court of Appeal is not the battleground that the superior court can tend to be--one reason I like appeals. Fighting over the potential...
Archived
Appeals and Appellate Court:
Michael's answer
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Answered on July 27, 2015
The attachment is only if you need it. The court wants to know if there are other appeals related to the case you are now appealing. Most of the...
Archived
In an appeal, are respondents supposed to serve me with all appendixes related to their respondent's brief?
Michael's answer
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Answered on July 27, 2015
They only have to serve you with the appendix that they prepared. Why would they serve you with copies of the appendices you already prepared and...
Archived
A lower court ruled against me where I was the Respondent and the other side was the Petitioner. I intend to file an appeal.
Michael's answer
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Answered on July 27, 2015
Don't use Appellee--that's in the federal court of appeals (the 9th circuit out here). In California it's Respondent. But, as others have...
Education question: In Ca. can you sue a school for damages despite having to exhaust administrative mandamus remedies?
Michael's answer
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Answered on July 16, 2015
The point of the case you are citing has to do with the requirement that you exhaust your judicial, not administrative, remedy (the 1094.5 writ...
What happens after Respondents file their respondent's brief?
Michael's answer
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Answered on July 15, 2015
The procedure for seeking and getting an extension depend on if the appeal is civil or criminal. You should look at the court rules, but for civil...
Archived
Can I make a motion for judicial notice after the cause has been submitted?
Michael's answer
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Answered on July 14, 2015
If you referred to these materials in your briefs, and never bothered to request judicial notice, then I can't see why the justices would even...
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