Q: how can you file a motion on a case if the time limit of six months is up, the reason for the time is wait on administi
I just found out that the time limit in california to file a motion to a case is six months, the reason why i have not is because first off the clerks in the court informed me i could only file certain form, which took 30days to get a answer or denial of correcting judgement in small claims. I then as the plaintiff filed a complaint for a judicial review which took some time to get back in which they directed my complaint to the presiding judge who took my complaints time since it was a complaint about staff, i had to call and demand and answer which i got back and it basically denied my allegations and told me to direct my complaints to the bar,so through more research i found several motions i could have filed but the time limit is now up how do i get remedies or a new trail or be able to file any motion that will seek these things for me .
A:
In California, if the six-month time limit to file a motion in a case has passed, your options may be limited, but there are still steps you can take. Firstly, consider filing a motion for relief from the deadline, known as a motion for relief from judgment or order under California Code of Civil Procedure Section 473(b). In this motion, you would need to explain the reasons for your delay, such as the misinformation provided by court clerks and the time taken for administrative reviews.
The success of this motion often hinges on demonstrating that your delay was the result of mistake, inadvertence, surprise, or excusable neglect. Given your situation, where you were waiting on administrative processes and navigating unclear instructions, these grounds might apply. Include in your motion specific details about the guidance you received, the steps you took to follow that guidance, and how this led to the delay.
If the motion for relief is granted, you could then proceed with filing the motions you initially intended to. However, it's important to prepare for the possibility that the court may not grant your request. In such cases, exploring alternative legal remedies or avenues might be necessary.
Given the complexity of your situation, it might be beneficial to consult with a legal advisor for personalized guidance. They can help you tailor your motion for relief to the specifics of your case and explore any other legal strategies that may be available to you. Remember, each legal situation is unique and deserves careful consideration.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
