Can you file a Request for Judicial Notice after the Court of Appeal has issued an opinion for the record for the Supreme Court?
Martin's answer
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Answered on June 10, 2022
If the Court of Appeal's decision is now final, it can't consider a request for judicial notice. Nor is judicial notice necessary in order to call...
Does an opinion at the Court of Appeal become final on day 30 or on day 31?
Martin's answer
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Answered on June 09, 2022
"Except as otherwise provided in this rule, a Court of Appeal decision in a civil appeal, including an order dismissing an appeal involuntarily, is...
I won my appeal but only part of it.Can I request rehearing only on part of my appeal? I don't want the COA to change other part
Martin's answer
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Answered on June 06, 2022
Yes, you can request rehearing on only one issue, but that doesn't mean the court can't revisit the other issue, especially if your opponent asks...
Who Is The “Non Movant” on Appeal?
Martin's answer
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Answered on May 31, 2022
There's no movant unless a motion is filed. If a motion is filed, the party which files it is the movant.
The 300 page limit in court of appeal?
Martin's answer
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Answered on May 22, 2022
See rule 8.74 of the California Rules of Court, if this will be an electronic filing.
Is meet and confer required in Court of Appeal?
Martin's answer
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Answered on May 17, 2022
There is no requirement to "meet and confer" before filing any motion in the Court of Appeal.
Sixth District Court of Appeal Exhibits
Martin's answer
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Answered on May 14, 2022
In practice, appellate courts almost always refuse to accept new evidence on appeal. But in theory, it is possible. (See Cal. Rules of Court,...
Can I file an appeal on a denied discovery motion?
Martin's answer
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Answered on May 11, 2022
No. In California state court, a motion denying discovery sanctions is not an appealable order. You could, however, file a petition for a writ of...
Small claims appeal case?
Martin's answer
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Answered on May 09, 2022
None that I can think of. Based on what you have said, the credit card issuer has a contract with your father, your father has a contract with...
In the Court of Appeal, is it required to submit the court order with the Appendix?
Martin's answer
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Answered on May 06, 2022
It is required. The requirement is not in a statute or case law; it's in the California Rules of Court. (See Cal. Rules of Court, rules...
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