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Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Florida on
Q: Can dcf lie failed homestudy the reason for an emergency temp custody meant to take child without any danger or reason

Non removed Fit parent that has conditional custody DCF send state AVOID Communication w/receiving agency, w / parent for 6 months after concurrence. While attaching more custody conditions meant to cause violation.Zero reasonable efforts to keep child w/parent. File form100b would have completed... Read more »

0 Answers | Asked in Estate Planning, Appeals / Appellate Law, Civil Litigation and Probate for New Jersey on
Q: STIPULATION This is a seemingly simple question regarding evidence, but very important for me to fully understand:

what are the implications when a party stipulates before the court at trial. For example, I submitted several affidavits to the court of which I wanted the witnesses to read into evidence, but the Defendant agreed to "stipulate" to them. Does this then enter them into evidence? Thanks for... Read more »

0 Answers | Asked in Appeals / Appellate Law for Louisiana on
Q: I need help before October 3,2022 to write an appellate brief and without representation. Where should I start ?

I was granted a restraining order and the person I filed it against has appealed the judges decision. I have over 30 pages of direct contact from this person and police reports filed. I do mot have the means to hire an attorney but do have the deadline and need help urgently

0 Answers | Asked in Appeals / Appellate Law and Family Law for Kansas on
Q: Where do I locate the motion for reconsideration form for a civil case

I am wanting to motion the court for reconsideration of the judgment that was ordered in a custody case in Clay County, Missouri.

Thank you

1 Answer | Asked in Appeals / Appellate Law and Personal Injury for Texas on
Q: Appealing 2nd COA District CourtTX, personal injury, gross negligence, denied pro-bono, a free appeals form? FW, TX

drink can contained what I believe was a metal washer, object lodged way back in throat, swallowed it then it raped my throat causing severe sleep deprivation. Defendants have conceded the incident and damaged throat etc. Due to SSDeprivation missed a response. Many errors by court which is an... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Handling an appeal requires the services of a skilled attorney with experience in appellate law. It is not something most individuals are capable of handling pro se. There is not a "free form." You will be expected to fully comply with the Texas Rules of Appellate Procedure. You will... Read more »

0 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Federal Crimes for Utah on
Q: Following the 4th circuit decision in Tanner Hirschfeld V. ATF, is it legal to purchase handgun ammunition at 18 (FFL)?

When attempting to purchase handguns at any FFL, it is required that the individual purchasing the handgun (or ammunition thereof) be at least 21. Isn’t this contrary to the courts decision? At what point in a legal case does the unconstitutional law not mean anything anymore (i.e. you won’t... Read more »

1 Answer | Asked in Appeals / Appellate Law and Juvenile Law for California on
Q: parental rights were terminated lost appeal in California false allegations can provide proof what can I do

Is there anything I could file to provide arguments

James R. Dickinson
James R. Dickinson
answered on Sep 25, 2022

Speak with a local appellate attorney to see if you've exhausted you appellate rights. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Pennsylvania on
Q: Can a non expert witness testify to injuries when medical records were never produced? Or is an expert required?

Records contradict witness testimony. The way I’m reading rule 701 and 702, it seems an expert should testify to medicinal diagnoses, not the complainant.

0 Answers | Asked in Appeals / Appellate Law for Iowa on
Q: How common is a motion for a new trial granted in civil cases in Iowa. Original decision was for the defendant

New trial request based on evidence not allowed due to judge error or plaintiff belief of judge error In not allowing certain evidence into court

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can a county clerk give the papers I dropped off for filing to a judge who then renders a decision without my knowledge?

I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »

1 Answer | Asked in Appeals / Appellate Law, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: What happens when I lose a civil court case?

What are the maximum amount of losses if I lost a civil court case? What is the maximum amount of money that I need to put in, for a civil court case?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 22, 2022

Strange question. It depends on how much the plaintiff sues for, if s/he wins that amount it's a win for the plaintiff.

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: I would like to start a civil case, which is the opposite of a small claims, a big case. How do I hire a lawyer?

I have been calling lawyers and no lawyer wants to take the case. Could I get the court to hire me a lawyer? How is it done? How can I get a lawyer that will take no money upfront, but takes money after the case has been won?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

You're looking for an attorney who'll take your case on a contingency. You'll need to keep contacting lawyers to find someone to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship.... Read more »

2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: Can I appeal test results for the psi exams firearms assessment.

Is there a way to appeal test results with an in-person exam?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

More information is needed. Speak with a gun rights attorney near you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Connecticut on
Q: My permit was revoked during a family case. Which is now null. How can I get my permit reinstated after missing appeal.

The appeal board said I only had 90 days to appeal but my case lasted almost two years. I also never received this letter nor was I convicted of anything. I only knew to surrender my weapons & licenses, via the judge in my case when handed down the protective order.

2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).

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