Archived
Does one must file a Petition for Rehearing before filing a Petition for Review at the California supreme court
Martin's answer
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Answered on March 18, 2017
No, you don't have to file a petition for rehearing before filing a petition for review. The deadline for a petition for rehearing is 15 days from...
Can I add more case law on an appeal?
Martin's answer
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Answered on March 16, 2017
I can't speak to your example, as I don't know what "an omitted asset under 2556" is, but as to your first question: Yes, briefs on appeal can cite...
Archived
If your attorney promises, in both telephone calls and emails, that he will appeal your case he is working on - can he just not?
Martin's answer
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Answered on March 16, 2017
The answer depends on for what purpose you're asking. It also may depend on other details of the case you haven't given, such as whether this is a...
Archived
I have a civil appeal question
Martin's answer
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Answered on March 13, 2017
You can't file a peremptory challenge against an appellate judge or justice. The statute doesn't apply.
Archived
If an affidavit of predjudice ISBfiles does that mean it was granted
Martin's answer
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Answered on March 13, 2017
I don't know what you mean by "ISBfiles," but no, the facts that the other side filed a peremptory challenge to the judge and that you don't know...
Judge in probate court would not accept my 170.6 peremptory challenge though it was timely. How do I get it reviewed?
Martin's answer
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Answered on March 11, 2017
Section 170.6 applies to all types of cases. (Code Civ. Proc., § 170.6, subd. (a)(1).) Review is by a petition to the Court of Appeal for a writ...
Archived
I have a question about filing a petition for review with the supreme court...
Martin's answer
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Answered on March 10, 2017
The normal 30-day finality rule applies. The fact that the Disposition page on the Web site says "Final" doesn't affect the rule.
Archived
Can One File A Petition For Certiorari To California Supreme Court after Denial Of A Petition for Write Mandate By Appeals Court
Martin's answer
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Answered on March 10, 2017
No, a petition for certiorari would not be the correct filing. To ask the California Supreme Court to hear the case, you would file a petition for...
Archived
My husband's Opening Brief and Supplemental Brief were denied what can he do now?
Martin's answer
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Answered on March 10, 2017
I'm sure that your husband's appellate attorney, who filed the Wende brief on his behalf, will advise him as to the next step he can take in the...
Filed Document stricken by Trial Court but included as part of Appellate Record/Appeal.
Martin's answer
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Answered on March 03, 2017
I suspect that phrasing this question using the concept of the appellate court's "rights" is not going to get you a useful answer. But to answer...
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