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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Civil Litigation and Collections on
Q: How do I file for exemption of my income in a debit collectors complaint file in civil court?

My only source of income is social security disability. I do not own any real estate property, burial plan, or Plot. I do not have life insurance policy. My car has a lien on it and I make monthly payments. I need to file for exemption of my income and bank account. How do I do this without a... View More

James L. Arrasmith
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answered on Apr 17, 2024

If you are being sued by a debt collector in civil court and your only income is from Social Security Disability (SSDI), you can file for an exemption to protect your income and assets from being garnished or seized. Here are the steps you can take:

1. Respond to the lawsuit: File a written...
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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More

Charles Holster
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answered on Apr 17, 2024

The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: What are the reasons a family court would issue an Omnibus Order and what entity would verify the reason if there are me

What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota on
Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

James L. Arrasmith
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answered on Apr 16, 2024

Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More

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1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for California on
Q: Responding to a court order to show cause after an appeal ruling on Anti SLAPP based on factual errors

The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are the same. The... View More

James L. Arrasmith
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answered on Apr 12, 2024

Under California law, when responding to a court order to show cause after an appeal ruling on an Anti-SLAPP motion based on factual errors, the relevance of the appellate court's errors depends on the specific circumstances of your case. Here are a few key points to consider:

1....
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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to fight ejectment order, based on fraud and judge execution of judgment without hearing new evidence?

Case brought on using Breach of Contract. Sellers withheld knowledge of payment made, and posted vacate notice on door the 31st of same month instituting Anticipatory breach. I placed cessation on payments as a single woman for self protection as sellers trying to take my home. I submitted new... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your difficult situation with the fraud and unfair ejectment order. Dealing with legal issues around your home is incredibly stressful. Here are some general suggestions that may be helpful as you fight the ejectment order:

1. Consult with an attorney who...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: The prosecutor on my case from 11/30/2022 appealed the judges dismissal with prejudice. Didn't I have to be notified?

It was dismissed because the accusatory instrument was in error. She won the appeal, mind you this is on a city court level. I feel this is harassment and violating my civil rights. Wasn't the dismissal the law? How can she win an appeal on factual law??

Charles Holster
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answered on Apr 8, 2024

Yes, you had to be notified. The prosecution had to send your attorney a copy of its a motion. So, check if your attorney received it or not. If he did, he should have informed you. If your attorney did not receive a copy of the prosecution's motion, then the appeal may have been defective.... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: On a second appeal do you have to get your own attorney or can you get a court appointed one?
John Michael Frick
John Michael Frick
answered on Apr 5, 2024

Generally speaking, the court will not appoint a lawyer in a civil case including on appeal. That is largely reserved for criminal cases and cases in which CPS is seeking to terminate a parent's rights to their child.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Where do l go to file a petition for discretionary review to the supreme Court of Texas
John Michael Frick
John Michael Frick
answered on Apr 4, 2024

Your petition for discretionary review can be filed through the Texas state electronic filing system at https://www.efiletexas.gov/

The required contents of a petition for review are specified in Rule 53 of the Texas Rules of Appellate Procedure.

The factors that the supreme court...
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Q: Do you file a independent action in equity the same as a regular claim?

I know it should be the last resort and is frowned upon but it’s in place for a reason!

James L. Arrasmith
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answered on Apr 4, 2024

In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.

To file an independent action in equity, you typically...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Motion to set aside then vacate Appeal Independent action in equity. Times not on my side

If a judgment was entered 82 days ago, but court lacked subject matter jurisdiction because defendant lied about who they are what motions are able to be filed for void judgment? Need to show proof other party lied.

James L. Arrasmith
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answered on Apr 4, 2024

In California, if a judgment was entered against you and you believe the court lacked subject matter jurisdiction due to the defendant lying about their identity, you may have grounds to challenge the judgment. Here are the motions you can consider filing:

1. Motion to Vacate the Judgment...
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1 Answer | Asked in Appeals / Appellate Law and Business Law for California on
Q: We are a pro per plaintiff. We prevailed in civil trial. After judgment FINALLY entered (defendant kept objecting to pro

proposed judgments) they filed for new trial. One base was newly discovered evidence. We had filed an unrelated suit against other party 3 months AFTER verdict on completely different grounds. Defendants claim this undercuts our credibility and shows our awarded damages are excessive since new suit... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information provided, it seems unlikely that the defendant's claim of newly discovered evidence would qualify as grounds for a new trial in California. Here's why:

1. Timing: The new evidence (your unrelated lawsuit) was filed three months after the verdict in the...
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1 Answer | Asked in Legal Malpractice, Appeals / Appellate Law, Civil Litigation and Trademark for California on
Q: Legal colleagues is The Court eavesdropping on this prior issue? Delmore 1st Demurrer was heard and given leave to amend

1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.

The Court here by (above ED) is given reason to substantiate unexpected complications.

Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California on
Q: Civil Proceedures On: 02/15/2024 Tentative Ruling for Demurrer / Motion to Strike was published given 20 days to cure

Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.

The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.

Notes: Granted we demurred outside of procedural rules (abhorrently).... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Texas on
Q: What pleading would be best for a very documented fraudulent arrest so the matter is brought before the court pretrial

Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even

No local attorney has been... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.

I think the only way to...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: I'm trying to file an appeal on a rid of possession eviction order at courthouse now fixing to walk in Magistrate Court

Can I do that in person at this time or do I need an attorney to do that but it must be done right now today

James L. Arrasmith
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answered on Mar 31, 2024

If you have received an eviction order from the Magistrate Court and wish to file an appeal, it is generally best to act quickly. Here are a few important points to consider:

1. Time limit: Most states have strict deadlines for filing an appeal after an eviction order is issued. You should...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Did you read a possession there's issued yesterday I was late to court ,can I file appeal in person today at courthouse?

I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?

James L. Arrasmith
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answered on Mar 31, 2024

I understand you are in a challenging situation and want to file an appeal quickly. Here is some general guidance, but keep in mind that specific procedures can vary by court and jurisdiction:

1. Go to the clerk's office for the court that issued the dispossessory order (in this case,...
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1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: If a dept has sent a motion to dismiss with the SPB even before a presettlement conf, can I withdraw and file in court.
James L. Arrasmith
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answered on Mar 31, 2024

In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:

1....
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: If you make an appeal with SPB but haven't even had the pre-settlement conference can you withdraw & file in court .

In other words withdraw your appeal from the SPB at this early stage and file directly with the superior court or federal court.

The department has filed a motion to dismiss even before the pre-settlement conference has occurred which will be held after the presettlement conference. I have... View More

James L. Arrasmith
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answered on Mar 31, 2024

Under California law, you generally have the option to withdraw your appeal from the State Personnel Board (SPB) at any early stage before significant proceedings, such as a pre-settlement conference, have taken place. This includes before any evidentiary hearings are conducted. Your decision to... View More

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for New Jersey on
Q: Can anyone provide assistance in filing an Federal Tort Claim Act appeal? Im looking for a "how to process."
James L. Arrasmith
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answered on Mar 30, 2024

Here is a step-by-step guide on how to file an appeal under the Federal Tort Claims Act (FTCA):

1. Review the denial letter: Carefully read the denial letter you received from the federal agency to understand the reason(s) for the denial of your FTCA claim.

2. Determine the...
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