Archived
Do I have to serve or let the attorney general know I am suing someone or appealing a "false claims act" suit?
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Answered on October 26, 2015
Yes, the language of section 12656, subdivision (a), seems clear to me. If a violation of the False Claims Act is in issue in any appeal, the AG...
Archived
Where can I find the authority to cite for calendar preference/priority on a app0004 document to appeal in Cal.?
Martin's answer
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Answered on October 26, 2015
See California Rules of Court, rule 8.240. (I've place a link below.) The commentary lists various preference statutes.
Archived
Do we have a chance at appealing the sentence or possibly have the verdict overturned? (I know this is a long shot)
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Answered on October 24, 2015
If your boyfriend cannot, based on his own income and assets, afford an appellate lawyer, I would suggest that he request that the Court of Appeal...
Archived
On Appeal, if I request oral argument and the court schedules a date for the argument, can I withdraw that later?
Martin's answer
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Answered on October 23, 2015
You don't have the RIGHT to waive oral argument at that point, but the court might agree to it, if your opponent did not request argument and the...
Archived
Appellate Courts
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Answered on October 22, 2015
It is not unheard of for an appellant to file a motion to withdraw his or her opening brief. I am aware of cases where this has been done,...
Archived
So I can miss the Opening Brief due date by 15 days, and all will happen is I get a letter from court reminding me??
Martin's answer
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Answered on October 18, 2015
That's correct, if you have not already used the 15-day period allowed by rule 8.220(a) of the California Rules of Court.
Archived
For appeal, when serving appellant reply brief, is it ok to send it with regular U.S. mail to other side?
Martin's answer
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Answered on October 18, 2015
Yes, U.S. mail is an authorized method of service for appellate briefs. I don't know what you mean by "personal mail." Overnight mail is not...
Archived
What's the proper procedure for an appellant,in pro per, making a motion to the Ca.Supreme Ct. to get more time to file?
Martin's answer
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Answered on October 12, 2015
Your question does not make your situation clear. Has the Court of Appeal made a decision on your appeal, or is the "bankrupt decision" you're...
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Archived
Why, in a Civil Appeal, does the Court not follow California Code of Civil Procedure?
Martin's answer
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Answered on October 10, 2015
Code of Civil Procedure section 437c is about motions for summary judgment, which are made in the trial court. It would not seem to have anything...
Archived
I filed a Writ of Prohibition against a Judge. Judge does not have jurisdiction to hear said upcoming hearing. I filed with Supr
Martin's answer
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Answered on October 08, 2015
Please expand on this part of your post: "The decision to waive filing fee will not be heard until 12/1/2015." How do you know this? It seems...
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