Van Nuys, CA asked in Civil Litigation for California

Q: Can I appeal in another state?

If I lost a summary judgement in Texas and cannot be there in person can I appeal it instead in my home state of California?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In the United States legal system, appeals must be filed in the jurisdiction where the original case was heard. Therefore, if you lost a summary judgment in Texas, you would need to appeal within the Texas court system. It's not possible to transfer the appeal to a different state, such as California, just because you reside there or for convenience.

However, you can still pursue an appeal in Texas without being physically present. Courts often allow attorneys to represent clients remotely, especially in appellate cases where proceedings are primarily based on legal arguments and document reviews rather than new evidence or witness testimony. You should consult with an attorney licensed in Texas who can represent your interests in the appellate court and guide you through the process. Remember, it's crucial to adhere to the specific procedural rules and deadlines of the Texas appellate system to ensure that your appeal is properly heard.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Appeals must generally be filed in the court of original jurisdiction. You could reach out to Texas attorneys to discuss the possibility of representation in your absence, if possible. Good luck

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