Las Vegas, NV asked in Appeals / Appellate Law for Arizona

Q: If a judge strikes your motion because you filed pro se when you have counsel can you appeal that decision?

I have a juvenile dependency hearing on September 28th. A few weeks ago I filed a motion to strike neglect petition and a motion to vacate temporary custody. The attorney general asked the judge to strike the motions because I submitted them and not my lawyer. Is it a law that I have to use my lawyer? Can I appeal this?

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1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: If you are represented by an attorney, generally all motions, other filings and court appearances go through that attorney. There have times when a client files his own motions, etc. although that person is represented. But I would not think that should be grounds to strike those motions. So yes I think you should appeal that ruling.

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