Skip to main content

I was one day late on filing a brief and the judge denied my brief can I appeal this?

Fallon, NV |

I was suppose to file a brief by July 11, 2012, I asked for a stipulation and the opposing parties Attorney said, "No his client wants no stipulations." He then said just get your brief in and I will answer it. So I sent in a brief by July 12, 2012 by 12 noon. After reviewing it, I amended it. I submitted a Motion to Amend Brief and show cause. The opposing Attorney objected to my Brief be allowed. The Judge granted it to not be submitted and then it resulted in a Mother with 4 children the youngest 7 months to be evicted out of her home on August 26, 2012. Could the Judge made a decision to allow my brief?

+ Read More

Filed under: Appeals
Attorney answers 3

Posted

Time limitations are definite. The court has no jurisdiction over the case if it is filed late.

Posted

The judge had discretion to deny your request. On appeal, you would need to show the judge misapplied the law or his ruling was clearly erroneous. It doesnot appear that either happened. The judge simply failed to grant you more time. just because you are not happy, doe snot mean the judge was wrong or misapplied the law.

This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.

Posted

Yes. but don't count on wining. Unless the appeals ct finds the lower court abused it's discretion you will lose.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.