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If Exhibit was filed with Court, what should be answer to Point 4(c) of APP-003? (Admitted in evidence yes/no)
"Filed with court" ?
N/A?
none of the above
?
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answered on Nov 21, 2024
Being filed with the court is not the same as being admitted into evidence. For Point 4(c) of Form APP-003, you should mark "No" if the exhibit was merely filed but not formally admitted into evidence during proceedings.
During court proceedings, exhibits must go through a... View More 
Register of actions or docket if any. Point 4 (7) of APP - 003 (as one item). Register of actions is list of all the actions for each case. This list includes names and dates for all the evidence, documents, and motions filed in the trial court.
APP-003 references register of actions as one... View More
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answered on Nov 21, 2024
When preparing your APP-003 form, you should include a complete copy of the register of actions or docket from your trial court case. This is essentially a chronological list of everything that happened in your case.
The register of actions should contain all filings, hearings, orders, and... View More
Appealable order was: denial of motion to set aside dismissal of the legal case against one of defendants. On a certain date notice of denial was mailed (minute order).
For Point 4(4) of APP-003 - should date when a legal case was dismissed against a defendant to be entered?
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answered on Nov 21, 2024
For Point 4(4) of APP-003, you should enter the date when the notice of denial of your motion to set aside dismissal was mailed (the minute order date), not the date of the original dismissal against the defendant.
The notice of entry of judgment or appealable order refers to the most... View More
I am considering filing a notice of appeal to preserve my rights while waiting for the transcript of a hearing that resulted in a permanent injunction against me. The injunction was granted based on claims of harassment, threats, emotional distress, and physical violence. The most significant... View More
APP -002 and APP- 003 (10 day lag for APP- 03 not required) can be served and filed together with trial court.
APP-003 must be served and filed with appellate court 15 days after notice of trial court clerk.
Within 40 or 70 days from notice opening brief must be served and filed... View More
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answered on Nov 21, 2024
The statement contains some inaccuracies regarding California appellate procedure that need clarification.
While you can file the APP-002 (Case Information Statement) with the trial court, the APP-003 (Designation of Record) must be filed within 10 days after filing the notice of appeal -... View More
Is filing APP-004 contingent on acknowledgement notice mailed by trial court of filing APP-002,
or can be served and filed with trial court at the same time?
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answered on Nov 21, 2024
The California Rules of Court allow you to file both APP-002 (Notice of Appeal) and APP-004 (Civil Case Information Statement) at the same time with the trial court. You don't need to wait for an acknowledgment of your APP-002 before submitting APP-004.
However, keep in mind that... View More
Dismissal of case against one of defendants was entered.
Minute order denying motion to vacate dismissal of case against one of defendants was served on 08/26/24.
Motion for reconsideration of order denying motion to vacate was filed on 08/30/24.
Minute order denying motion... View More
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answered on Nov 21, 2024
Based on California Rules of Court, you have 60 days to file your notice of appeal from the date of service of the minute order denying your motion for reconsideration (November 18, 2024). This means your deadline to appeal would be January 17, 2025.
The time to appeal was extended by your... View More
When due date to appeal falls on thanksgiving date 11/28/24, when is actual due date given thanksgiving holidays?
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answered on Nov 21, 2024
Under California Rules of Court Rule 1.10, when the last day to file an appeal falls on Thanksgiving (November 28, 2024), the deadline extends to the next court day.
Since both Thursday (Thanksgiving) and Friday (November 29, 2024) are court holidays in California, your appeal deadline... View More
Correct. 30 days from entry of appealable order. And appealable order was motion to set aside dismissal.
What could impact date - if served orders did NOT represent entry of judgement.
Did orders denying motion to set aside and motion for reconsideration constitute entry of judgement?
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answered on Nov 20, 2024
The timing of your appeal depends critically on whether those orders constitute an entry of judgment, so let's break this down.
In California, orders denying motions to set aside dismissal and motions for reconsideration typically become appealable only when they're entered as... View More
A judgment resolving all issues as to a party whose interests are separate and distinct from the other parties is immediately appealable even though the action continues between the remaining parties. (BGJ Associates, LLC v. Wilson (2003) 113 Cal.App.4th 1217, 1225, fn. 3.)
Therefore,... View More
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answered on Nov 20, 2024
Under California law, an order denying a motion to set aside dismissal is typically not immediately appealable on its own - you would need a final judgment as to that defendant.
The order denying reconsideration is also not independently appealable under CCP § 1008(g). However, you can... View More
what statute defines appealable orders?
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answered on Nov 20, 2024
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... View More
Due date for appealing is counted from data when motion to set aside dismissal was denied, or from date when motion for reconsideration was denied?
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answered on Nov 20, 2024
In California, the time to file a notice of appeal typically runs from the date the motion for reconsideration was denied, not from the denial of the motion to set aside dismissal. This is because filing a valid motion for reconsideration extends the time to appeal until the order denying... View More
These officers reports were undisclosed by prosecutor and have been suppressed since 2004
answered on Nov 20, 2024
It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More
What CCP defines that interlocutory order on motion for reconsideration is appealable?
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answered on Nov 20, 2024
Under California law, an order denying a motion for reconsideration is generally not independently appealable according to CCP § 1008(g).
However, you can find the relevant provisions regarding appealable orders in California Code of Civil Procedure § 904.1. This section outlines which... View More
Order on Motion to Set Aside Dismissal of legal case IS appealable.
Motions to Set Aside Dismissal was denied on Date A.
Motion for Reconsideration of order as of Date A - was denied on Date B.
When time for appealing is calculated - is it:
60 days from Date A (rule... View More
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answered on Nov 18, 2024
The time to appeal typically runs from the date of the original order (Date A) denying the Motion to Set Aside Dismissal, not from the denial of the Motion for Reconsideration (Date B).
Under California Rules of Court, rule 8.108(e), filing a valid motion for reconsideration can extend the... View More
Unless time prescribed by rule 8.104(a) is longer, time for appeal to motion for reconsideration
is 30 DAYS - pursuant to rule 8.108 (e).
Rule 8.104(a) calculation is based on date of decision on Motion to Set Aside Dismissal, but does not shorten dated calculated per rule 8.108.... View More
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answered on Nov 18, 2024
This statement is generally correct regarding appeal timing in California courts. Let's break down the key points:
The time to appeal a denied motion for reconsideration is indeed 30 days under California Rules of Court, rule 8.108(e), unless rule 8.104(a) would provide a longer time... View More
Could someone look into a case to see if it could be reopened to get lesser time? They have been in jail for 16 years but is supposed to spend 30 years at 100 percent
What is difference between writ mandate and decision of appellate court?
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answered on Nov 17, 2024
The key distinction between a writ of mandate and an appellate court decision lies in their purpose and timing.
A writ of mandate is an extraordinary remedy that orders a lower court or government agency to take specific action or correct an abuse of discretion. You might seek this when you... View More
What are valid reasons for writ petition instead of appellate process?
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answered on Nov 17, 2024
Your question about choosing between a writ petition and the standard appellate process is important. The key factor is often urgency - if waiting for the normal appeals timeline would cause irreparable harm, a writ petition may be appropriate.
Common situations warranting a writ petition... View More
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