Archived
Is the police report admisable in its entirty, for the appeal in p.c.187. In california or are only certain issues allowed?
Martin's answer
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Answered on September 28, 2016
If evidence is admitted at trial, it's part of the record on appeal. But police reports themselves generally are not admitted as evidence at...
Archived
Also can I appeal having to do drug court?
Martin's answer
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Answered on September 28, 2016
Your post lacks sufficient information to provide an answer. We'd need to know: What is the exact court order or judgment you want to appeal? ...
Archived
I have not been served form DV130 even though judge granted renewal. Can the plaintiff lie and say he mailed it?
Martin's answer
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Answered on September 25, 2016
I'm confused by your asking whether the plaintiff can lie and say he mailed it. Obviously, anyone can lie about anything. What are you really...
Archived
Contradictory statements from key witness, will it help at the appellate oral argument?
Martin's answer
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Answered on September 24, 2016
Will contradictory statements from a key witness help at oral argument? Probably not, but since you haven't said what the issues in the appeal...
Archived
Hearing on Motion for New Trial after Summary Judgment on 8/16/2016 taken under submission, then nothing.
Martin's answer
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Answered on September 14, 2016
Yes, the judge is allowed to simply refuse to issue a ruling on a motion for new trial.
Archived
I appealed my case to the court of appeals, can the other lawyer file a motion in the civil court on this case?
Martin's answer
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Answered on September 14, 2016
A hearing on the amount of attorney fees can be held in the superior court while the underlying judgment is on appeal. If and when the trial court...
Archived
What happens to an appeal if one of the key appellee NOT filed his answer before the deadline? Will they be given extra time?
Martin's answer
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Answered on September 05, 2016
Something is wrong with this story. In federal court, appeals are not heard by a single judge in the district court, even the chief judge. They...
Archived
Does appealing a Jury Verdict prevent Filing of a Judgement?
Martin's answer
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Answered on September 04, 2016
Yes, a judgment must be entered in order for you to appeal. You can't appeal from a jury verdict if judgment hasn't been entered...
Archived
What is the process for withdrawing an appeal in CA?
Martin's answer
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Answered on September 04, 2016
The process depends on whether or not the record has been filed yet. See rule 8.244 of the California Rules of Court...
Archived
Appellate Courts And Opening Briefs
Martin's answer
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Answered on August 24, 2016
Where are you getting the information that the appellate court retains jurisdiction for 30 days, that appellant has 15 days to file a motion to...
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