Can you object during oral argument at the Court of Appeal if opposing counsel doesn't follow the rules (i.e. interrupt)?
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Answered on October 29, 2020
I'm not aware of any specific appellate rule which would prohibit interrupting an opponent's oral argument with an objection, but I have never seen...
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Appeal panel ruled against me nearly partly on hearsay evidence. What is the likelihood they would actually entertain it?
Martin's answer
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Answered on October 18, 2020
I don't know what you mean by saying that the court ruled against you "nearly partly" on hearsay evidence. In any event, if you didn't make a...
True Meaning of De Novo?
Martin's answer
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Answered on October 18, 2020
De novo is sometimes the correct standard of appellate review in California courts. Other times, a different standard of review applies. It...
I am in pro with my appeal after my attorney lost the trial, i have a question about evidence that wasnt submitted at trial?
Martin's answer
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Answered on October 16, 2020
My principal answer is this: An appellate court will not, in an appeal, consider evidence which was neither admitted nor proffered for admission at...
Archived
How does California SB 273 affect transitioning cases that were charged and dismissed?
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Answered on October 12, 2020
Expungement of what? Your question indicates there was no conviction. As for the statute of limitations, yes, SB 273 extended it to five years,...
How do I appeal my case dismissed with prejudice?
Martin's answer
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Answered on October 02, 2020
You haven't provided enough information to allow an accurate answer. I suggest you post again specifying what kind of case it is and, most...
Archived
In a notice of appeal do you have to explain the issues or does that come after the notice of appeal?
Martin's answer
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Answered on September 27, 2020
Issues do not have to be explained in a notice of appeal. They are explained in the appellant's opening brief.
What does "Motion to augment the record on appeal is granted". mean?
Martin's answer
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Answered on September 25, 2020
Your opponent filed a motion to add a particular document to the record on appeal, and it provided the court with a copy of that document. The...
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How much time to initiate appeal of Los Angeles Superior Court ruling in civil action?
Martin's answer
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Answered on September 25, 2020
If the case was an "unlimited" civil case, see rule 8.104 of the California Rules of Court. If the case was a "limited" civil case, see rule 8.822.
How long do I have to file Supreme Court case
Martin's answer
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Answered on September 16, 2020
Since you mentioned an "en banc hearing," I assume that your case was in the Ninth Circuit and that the supreme court you're referring to is the...
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