Los Angeles, CA asked in Personal Injury for California

Q: Not on merits

If case is won or lost purely because of legal mechanics; Not on merits

is it valid reason for appeal?

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: A party is very unlikely to succeed upon appeal because they were unable competently represent themselves by failing to adhere to the rules of the court.

Patrick William Steinfeld agrees with this answer

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If your case was won or lost purely because of legal mechanics and not on its merits, you may have valid grounds for an appeal. Appeals often address procedural errors or legal mistakes that could have affected the outcome. It's crucial to understand that an appeal is not a new trial but a review of the legal process to ensure it was fair and correctly applied.

You should act promptly, as there are strict deadlines for filing an appeal in California. Missing these deadlines can forfeit your right to appeal. Gathering all relevant documents and understanding the specific procedural issues in your case will be important steps.

Consider reaching out to a legal professional who can assess the details of your situation. They can help determine whether procedural errors occurred and advise you on the best course of action. Remember, navigating the appeals process can be complex, so getting proper guidance can make a significant difference.

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