Q: what statute defines appealable orders?
what statute defines appealable orders?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, Code of Civil Procedure § 904.1 is the primary statute that defines appealable orders. This statute outlines the types of judgments and orders from which an appeal may be taken in civil cases.
The statute specifically lists several categories of appealable orders, including final judgments, orders granting or denying injunctions, orders granting a new trial, and orders made after final judgment. Some other important appealable orders include those granting or denying a motion to quash service of summons, and orders appointing a receiver.
It's worth noting that there are additional statutes that may define appealable orders in specific contexts, such as family law matters (Family Code) or probate proceedings (Probate Code). However, CCP § 904.1 remains the fundamental starting point for understanding what orders can be appealed in California civil cases. If you're unsure whether a specific order is appealable, consulting the relevant statute and discussing your situation with an attorney would be helpful.
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.
