Hello, looking to get a audio recording of a small claims case. is that even possible? I was/am the defendant in the case
Martin's answer
|
Answered on August 26, 2022
There's no point in trying to do that. In a small claims case in California, an appeal is a new trial. Nothing said or done in the original trial...
Can a defendant reverse his plea deal prior to the sentencing trial?
Martin's answer
|
Answered on August 26, 2022
In theory, a defendant who has pled guilty or no contest can make a motion to withdraw the plea before sentencing. In practice, he'd need a very...
How can you fit all of the rulings in an Appeal (CA) if the form only has a tiny space?
Martin's answer
|
Answered on August 25, 2022
Well, bully for the other states. Wow, with all the thousands of people who file appeals in this state every year, you'd think someone else would...
Is there an application to recuse judges in appeals court? Also, what is the protocol for judicial notice of police reports?
Martin's answer
|
Answered on August 23, 2022
The way to find out who the appellate justices are before the ruling is to request oral argument. The assigned justices will be present at oral...
How many words are allowed in a appellate rehearing document?
Martin's answer
|
Answered on August 23, 2022
See rules 8.268 and 8.204(c)(5) of the California Rules of Court.
I am trying to appeal a misdemeanor conviction.
Martin's answer
|
Answered on August 19, 2022
The applicable rules are rules 8.862 and 8.866 of the California Rules of Court.
How many days do you have to move for an order for a stay of the remittitur at the Ct of Appeal once the Supreme Ct denies rev?
Martin's answer
|
Answered on August 18, 2022
The applicable rule does not state any specific deadline. "On a party's or its own motion or on stipulation, and for good cause, the court may...
Can you do a Petition en Banc at the Supreme Ct of California in a case after the denial of a Petition for Review and by when?
Martin's answer
|
Answered on August 18, 2022
No. The denial of a petition for review is already en banc.
Opinion on Court of Appeal?
Martin's answer
|
Answered on August 17, 2022
The correct vehicle for requesting a modification of the opinion is a petition for rehearing. (Cal. Rules of Court, rule 8.268.)
What are the recourses when a new judge overturns a previous ruling a different judge made?
Martin's answer
|
Answered on August 16, 2022
The fact that a new judge made a different ruling from a former judge doesn't give you any options you wouldn't normally have.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained