Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
Your current state is Ohio
I am seeking to file a Motion for Appropriate Relief in North Carolina. I want to bring the judgment on my case to trial because at the time of the plea agreement, I was not on my mental health medication and did not understand the agreement. I have new evidence in the form of a letter stating... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
To file a Motion for Appropriate Relief in North Carolina, you will need to show that your plea agreement was entered into under circumstances that violated your rights. Since you were not on your mental health medication at the time and did not fully understand the plea, you may have grounds to... View More
I relocated from Florida to Georgia with my child's other parent's consent, given via text message. However, during a recent court hearing regarding our parenting plan, my agreement wasn't recognized, and the magistrate ruled against me, claiming I didn't inform him of the move.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
To object to the ruling, you’ll first want to file a motion to reconsider or a motion for a new hearing with the court. In your motion, clearly explain that you have evidence, such as text messages, showing that the other parent consented to the move. Emphasize that this evidence was not... View More
I am representing myself (pro se) in a civil case in the Superior Court of California. I filed a motion for reconsideration before a judgment was entered with prejudice. My motion is timely and presents sound evidence that the court should reconsider its decision to sustain a demurrer without leave... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
Once a judgment is entered, the court generally loses jurisdiction to reconsider prior orders. However, the court may still have the authority to vacate a judgment under certain circumstances, such as through a motion to vacate under California Code of Civil Procedure section 473 or section 663. If... View More
I'm considering requesting a motion for a new trial based on Rule 37 because the petitioner made new accusations during the trial and did not provide me, the defendant, with a copy of a crucial statement. This lack of disclosure impacted the trial outcome. Can Rule 37 be applied in this situation?
In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More
answered on Apr 12, 2025
Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More
I filed a motion for reconsideration in a civil case in California after an order was issued sustaining a demurrer without leave to amend. However, a judgment was filed after I submitted my motion, and the hearing on this motion is on the court’s calendar. Does this situation mean that my motion... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
When a judgment has been entered after you filed your motion for reconsideration, the court no longer has jurisdiction to rule on the motion. In California, motions for reconsideration are tied to interim orders, not final judgments. Once the judgment is filed, the proper procedure is to appeal or,... View More
In California Superior Court, I filed a motion for reconsideration before the judgment was entered, and it's currently scheduled on the court's calendar. The motion is based on new facts that resulted in a change in the law. As a pro se party, I am curious about whether the court's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
When you file a motion for reconsideration before judgment is entered, the court generally maintains jurisdiction to hear and rule on that motion. Under California Code of Civil Procedure § 1008(e), the court explicitly retains jurisdiction to reconsider its own orders before final judgment. The... View More
I filed a motion for reconsideration before the judgment was entered, but the judgment does not reference the motion in any way. The hearing for the motion has not been vacated and is upcoming and pending. Does the court still have jurisdiction over this motion for reconsideration according to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
Under California Code of Civil Procedure Section 1008(e), the court retains jurisdiction to rule on a motion for reconsideration if it was filed before final judgment is entered. Since your motion was filed before the judgment and the hearing has not been vacated, the court still has the authority... View More
In my situation, a motion for reconsideration of an order sustaining a demurrer was filed before the judgment was entered, and the hearing is pending on the court's calendar. I want to understand if the court loses jurisdiction over the case even though the motion was filed before entry of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
If a motion for reconsideration is filed before the entry of judgment, the trial court typically retains jurisdiction to rule on it. The judgment does not become final until it is entered, and until that point, the court maintains authority over the case. Filing the motion beforehand keeps the... View More
I was disqualified from unemployment benefits under Section 207.044 of the Texas unemployment code. During the appeal process, I discovered that my company submitted fabricated evidence against me for the hearing. I possess the original documents that prove this. I have not had any communication... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
Finding out that your employer submitted false evidence can be incredibly upsetting, especially when it affects something as crucial as unemployment benefits. If you have original documents that prove the information they submitted was fabricated, that could be powerful in your appeal. The Texas... View More
I am involved in a civil case in California where the defendant's demurrer was sustained without leave to amend. The court scheduled a hearing on an order to show cause, and I filed a motion for reconsideration of the court order sustaining the demurrer before the judgment was entered. After... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
Yes, your motion for reconsideration will typically be part of the appellate record, even if it was filed before judgment. Since the motion was properly filed and is still pending on the court’s calendar, it becomes part of the trial court proceedings. Anything that is formally filed with the... View More
I am a plaintiff in a civil case in California where the court sustained the defendant's demurrer without leave to amend and entered judgment with prejudice. I filed a motion for reconsideration after the judgment, and while the court vacated the hearing for the order to show cause, the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
You're in a complex spot, and it's good you're thinking carefully about the appellate record. In California, the record on appeal needs to include all materials that are necessary for the appellate court to understand the issues you’re raising. A motion for reconsideration,... View More
As the plaintiff, the defendant's demurrer was sustained without leave to amend, and the court entered judgment with prejudice after I filed a motion for reconsideration, which includes crucial new facts and evidence. The hearing on my motion for reconsideration remains on the court calendar.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
Yes, you can include your motion for reconsideration and your reply to the opposition in the appellate record, even if judgment with prejudice has already been entered. When you file your notice designating the record on appeal, you’re allowed to include any documents that were filed in the trial... View More
I am involved in a civil case in California where the defendant's demurrer was sustained without leave to amend. The court scheduled a hearing on an order to show cause, but I filed a motion for reconsideration of the order sustaining the demurrer. Subsequently, the court entered a judgment... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
Yes, it can be within the court's discretion to decide whether to proceed with the hearing on your motion for reconsideration, even after entering judgment. However, once a final judgment is entered, the court generally loses jurisdiction to change the ruling that led to that judgment unless... View More
I am the plaintiff in a civil case in California. The defendant's demurrer was sustained without leave to amend, and the court scheduled a hearing on an order to show cause. I filed a motion for reconsideration of the court order sustaining the demurrer. After filing the motion for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
You're in a very technical and time-sensitive part of your case, and it’s important to be clear on how this works. Under California Code of Civil Procedure § 1008, a court has the discretion to hear a motion for reconsideration even after judgment is entered, but it’s not required to do... View More
I am a pro se plaintiff in a civil case in California. I filed a motion for reconsideration, and a hearing was scheduled before the judgment was entered. I understand it's at the judge's discretion to rule or not to rule on this motion before entering judgment. I want to know if the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
Yes, a judge’s decision—or lack of decision—on a motion for reconsideration can be reviewed on appeal, but only under specific circumstances. If the judge rules on your motion, that ruling becomes part of the record and can be addressed in your appeal. If the judge doesn’t rule before... View More
I am dealing with a California Superior Court civil case. I filed a motion for reconsideration with new facts on time before the judgment was entered, regarding an order that sustained a demurrer. I reviewed CCP 1008(e), which doesn't explicitly restrict the court from ruling on such motions... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
You're right to focus on timing and the specific language of the statute. In California, motions for reconsideration are governed primarily by **California Code of Civil Procedure § 1008**. Subdivision (a) covers motions brought before judgment, and it allows a party to request... View More
After being sentenced, the release date I was verbally informed of in the county jail does not match the sentencing. I have not received any documented notification about my release date, and I have not consulted a lawyer, as the county jail does not provide a legal advisor. How can I place myself... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
You're right to be concerned—when your release date doesn’t match your sentence, it’s important to speak up. In California, if you believe there's a mistake in how your sentence is being carried out, you can file a **request to be placed back on the court’s calendar**. This is... View More
My trial was supposed to begin on the 8th, but it's been dragged out for six months now. The judge had instructed the counsel to be ready, yet right before the trial, the public defender, district attorney, and judge went into chambers without giving me any explanation. My public defender then... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
You're absolutely right to be concerned, especially when the process feels like it's moving forward without your input. In California, defendants have a constitutional right to a **speedy trial** under both state and federal law. For most misdemeanor cases, trial must begin within... View More
Will the trial court hear a motion for reconsideration after a judgment was entered when the motion was timely filed by the plaintiff before the judgment was entered, particularly in a California civil case where the judgment was entered after a demurrer was sustained? The motion for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
You're dealing with a very specific but important issue in California civil procedure. Under **California Code of Civil Procedure § 1008(a)**, a party may file a motion for reconsideration of an order based on new or different facts, circumstances, or law. If your motion was **filed before**... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
