Lancaster, CA asked in Appeals / Appellate Law and Criminal Law for California

Q: How do you appeal persona non grata in California court system

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the term "persona non grata" is traditionally associated with diplomatic relations and is not a standard legal designation within the state's court system. However, if you feel you've been improperly treated or labeled by a court or judge in any capacity, here are general steps you might take:

1. Identify the Basis for Appeal: Before filing an appeal, determine the legal grounds on which you believe the court's action was inappropriate.

2. Notice of Appeal: File a Notice of Appeal with the court where the initial decision was made. This typically must be done within a specific timeframe following the decision.

3. Record Preparation: Obtain the record of proceedings, including transcripts and any relevant documents, to support your appeal.

4. Appellate Brief: Draft and submit an appellate brief, which lays out your arguments for why the lower court's decision was incorrect.

5. Oral Argument: Be prepared to present your case orally before the appellate court if such an opportunity arises.

6. Appellate Decision: The appellate court will review the record, briefs, and hear oral arguments, after which they will issue a decision.

7. Further Appeal: If the appellate court's decision is unfavorable, consider the feasibility of appealing to a higher court, such as the California Supreme Court.

8. Alternative Remedies: If a formal appeal is not the best route, consider other remedies like filing a complaint against the judge or seeking other forms of redress.

Remember, specific procedures and timelines apply to appeals, so ensure you comply with all relevant rules and deadlines.

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