When can I appeal a denial of my motion to compel discovery of electronic records?
Kevin's answer
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Answered on April 28, 2015
Yes, you can wait until after trial. Your right to appeal arises when there is a final judgment in the case. A decision on a discovery motion is an...
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What is the average cost range to appeal a probate case?
Kevin's answer
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Answered on November 06, 2014
Costs will depend on the length of the record, the complexity of the legal issues, and the hourly rate of the attorney you hire. Depending on the...
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What Types of Superior Court Decisions Can be Appealed per RAP 2.2(a)(3)
Kevin's answer
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Answered on September 24, 2014
In my opinion, the denial of your motion for continuance is not appealable by right under RAP 2.2(a)(3). It does not prevent a final judgment or...
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Can I transcribe my own trial that would be turned into appeals court if I follow the format they require?
Kevin's answer
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Answered on September 19, 2014
No. A "Verbatim Report of Proceedings" must be transcribed by a court-approved transcriber. See RAP 9.2. This is usually the court reporter who was...
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In filling out the Notice of Appeal do I attach the modification of parenting plan judgment/decision
Kevin's answer
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Answered on September 18, 2014
The answer may vary depending on the details of your particular case, but generally I would advise attaching both the final judgment and any order...
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We lost a final summary judgment in a huge probate case where there was masssive fraud, do we need a appellate lawyer?
Kevin's answer
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Answered on September 18, 2014
There are certainly advantages to hiring an appellate attorney. An appellate attorney will come to the case with fresh eyes. He or she will be able...
If a case is dismissed can you still ask the defendant to answer discovery questions for use in your appeal?
Kevin's answer
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Answered on August 11, 2014
The short answer is no. Once the case is dismissed, discovery is over. The defendant has no obligation to answer, and the court will not help you...
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Can Unclean hands be used in an appeal to overturn the trial courts decision in a custody case in the state of WA
Kevin's answer
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Answered on August 08, 2014
Generally, an appeal is not an opportunity to introduce new evidence or to argue about whose testimony the court should have believed. The court of...
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How do I recover a judgement? We won our case and they appealed. It has been 2 years about and our attorney is done.
Kevin's answer
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Answered on August 08, 2014
Enforcing a judgment can be complicated. When the judgment debtor does not pay willingly, you would do well to hire a debt collection attorney who...
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How can I get a judge recused from my case and his decisions rescinded?
Kevin's answer
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Answered on August 08, 2014
The general rule is that once a judge has made a decision in a case, you cannot recuse the judge through an affidavit of prejudice. Instead, you...
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