Can a civil court appeal be reinstated for mistakenly filing late after a motion to dismiss appeal was granted.
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Answered on September 18, 2017
The Court of Appeal loses jurisdiction when it issues the remittitur. If it hasn't issued the remittitur yet, you theoretically could file a...
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Can you tell me how to cite the trial record on appeal, using two record areas for the brief?
Martin's answer
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Answered on September 14, 2017
Yes, that is the proper way, except that the period should be inside the parenthesis after "3 RT 4."
Archived
What is the function of the State Attorney General in criminal cases ?
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Answered on September 09, 2017
In most criminal appeals, the Attorney General makes arguments to defend the conviction and sentence. Sometimes the AG will concede minor errors,...
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Is it legally correct to have two remittur's issued in an appeal?
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Answered on September 05, 2017
I'm not clear on the scenario you're asking about; at first, you ask whether two remittiturs can be issued "in an appeal," but then you ask about a...
Does CCP 351 apply in motion to vacate/set aside judgments?
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Answered on September 05, 2017
The statute of limitations sets forth how long the plaintiff (or petitioner) has to file a lawsuit, i.e., "the commencement of the action," as...
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Can tort action for inflicting emotional distress be used when situation was during litigation?
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Answered on August 29, 2017
Are you sure that the premise of your question is correct, that the opposing party's action was unlawful? As a general rule, there's nothing wrong...
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Where to file for writ of mandate against the clerk of court?
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Answered on August 28, 2017
I'm not sure you need a petition for a writ of mandate; you might be able to accomplish your goal by filing a motion (in the superior court) for an...
How do I know if the court of appeals has accepted to hear my case for unlimited civil case?
Martin's answer
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Answered on August 28, 2017
The Court of Appeal does not "accept" or "decide to hear" appeals; it is required to hear every appeal within its jurisdiction. When the record...
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Does a trial get automatically put on hold if summary judgment decision is appealed ?
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Answered on August 22, 2017
Something here doesn't add up, because if summary judgment was granted against you, there won't be any trial, and if your motion for summary...
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Respondent in Appeal?
Martin's answer
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Answered on August 18, 2017
From what you've said, you ARE a respondent. If the notice of appeal listed respondents with "et al." and you were one of the parties on that side...
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