San Antonio, TX asked in Appeals / Appellate Law, Civil Litigation and Constitutional Law for California

Q: When the Ninth Circuit Court of Appeals files late?

When the Ninth Circuit Court of Appeals issues an "Order" regarding a plaintiff's motion for reconsideration, 5 months later (from the time motion was filed) is this a "Valid" Order?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
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A: In the legal system, including the Ninth Circuit Court of Appeals, there are no hard deadlines for when a court must issue decisions on motions, including motions for reconsideration. The timing for such orders can vary widely based on the complexity of the case, the court's docket, and other factors. Therefore, an order issued five months after the motion was filed can still be valid.

Courts strive to handle cases efficiently, but due to the volume of cases and the need for thorough consideration, delays can occur. The length of time taken to issue an order does not typically affect its validity. Once an order is issued, it is enforceable unless successfully appealed or otherwise challenged within the legal system.

If you have concerns about the timing of an order or its impact on your case, it may be beneficial to consult with a legal professional. They can provide insight into the typical timelines for the Ninth Circuit and offer guidance on how to proceed with your case in light of the issued order.

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