Ask a Question

Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Hello, what does a CIS request mean?

Hello, I was looking up my husband case inquiry and say that they had switch my husband court room to a different one and then back to where he had at first and I notice something I never seen before which is “add on CIS request? Yes. What does that mean?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

In the context of a court case in California, "CIS" typically refers to a Court Information System, which is the electronic system used for managing court cases and related data. An "add on CIS request" likely indicates a request to add or update information in the Court... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Why would a federal writ of habeas corpus take over 3 years for a recommendation for a state prisoner
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2023

A federal writ of habeas corpus for a state prisoner can take over three years to receive a recommendation due to several factors. The complexity of the case is a primary factor; cases with intricate legal issues or extensive records require more time for thorough review. Additionally, the federal... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Amending App-002 and App-003. Motion

Can motion under rule 8.54 be submitted without hearing?

Is application, not motion adequate for amending? What rule defines that? Application does not require hearing.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

Under California Rules of Court Rule 8.54, you can submit a motion without requesting a hearing. This rule specifically states that a hearing will only be held if ordered by the court, meaning most motions are decided without oral argument.

When amending App-002 and App-003 forms, you have...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Rule 8.54 in respect to amending notices that are already in Appelate court, Motion - to be submitted to Superior court

Rule 8.54 seems to be applicable to motions in appellate court. Does it matter though that motion has to be submitted not to reviewing applate court but to trial court?

Which rule should be also in relevance as well?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

The primary rule you need to consider is California Rules of Court Rule 8.54, which governs motions in appellate proceedings. However, since you're dealing with a motion that needs to be filed in the Superior Court while the case is pending appeal, you should also look at Rule 8.108, which... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Which statute and/or rule defines amendments to already filed APP-002 and APP-003?

CRC 8.100 is IRRELEVANT to amendments of APP-002 and APP-003. Which statute and/or rule defines amendments to already filed APP-002 and APP-003?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

The California Rules of Court (CRC) Rule 8.25(b) governs amendments to documents filed in appellate courts, including modifications to previously submitted APP-002 (Notice of Appeal) and APP-003 (Appellant's Notice Designating Record on Appeal) forms.

Under this rule, you can amend...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Which rule defines motion to amend notices app-002 and app-003?

Rule 8.108 defines extending time to appeal, NOT amending notices. Which rule defines motion to amend notices app-002 and app-003?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

California Rule of Court 8.100(a)(2) defines the process for amending notices of appeal, including forms APP-002 and APP-003. This rule specifically states that an appellant may amend the notice of appeal without leave of court at any time before the record is filed.

Under this rule, you...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is it required to serve APP-002 and APP-003 on parties to lawsuit, against whom appeal is not taken?

It is not clear if APP-002 and APP-003 have to be served on parties to lawsuit, that are not parties against whom appeal is taken.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

Yes, you must serve APP-002 (Notice of Appeal) and APP-003 (Civil Case Information Statement) on all parties who are part of the original lawsuit, even if you are not appealing against them specifically.

This requirement stems from California Rules of Court, Rule 8.100(e)(1), which mandates...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Handling changes in notice of appeal

WHAT STATUTE AND CRC define motion regarding changes to motion of appeal (or application without hearing)?

Is declaration in support of the motion and proposed order required? IIs the amended notice of appeal required?

Particular Changes include adding necessary statutes, (in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

The California Rules of Court (CRC) Rule 8.100(a)(2) governs amendments to notices of appeal in civil cases, allowing amendments to correct the date of the order being appealed or to add additional orders being challenged. For criminal appeals, CRC Rule 8.304(d) provides similar provisions for... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What specific CCP and/or CRC define how to handle the following modifications to notice of appeal?

What specific CCP and/or CRC define how to handle the following modifications to notice of appeal.

CCP §§ 663(a)(b), 664 (d) should be added to notice of appeal, along with correct name of respondent (not name of the case in superior case as respondent.

What code of civil... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

Your question involves amending a notice of appeal to include additional statutory references and correct party names. Let's break this down with the relevant rules.

California Rules of Court (CRC) Rule 8.100(a)(2) governs the content requirements for notices of appeal, while Rule...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Rule that defines modifications to Notice of Appeal, NOT to records. 8.155 irrelevant.

Under which statute or rule modifications in notice of appeal are defined?

Rule 8.155 irrelevant since references records, not notice of appeal.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

Rule 8.108 governs modifications to notices of appeal in California. This rule specifically addresses amendments to notices of appeal and outlines when such modifications are permitted.

The rule allows you to amend your notice of appeal to correct or add information about the judgment or...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Motion is best safest solution to address this mistake?

Change in notice in appeal does clarify against whom appeal is taken, although order appeal is taken from is identified correctly - with defendant's name.

Currently name of respondent is wrong: name of the superior court case instead of name of correct respondent.

Motion is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

Filing a motion to amend the notice of appeal is indeed the safest approach to correct this error in California appellate procedure. This provides a clear record of the correction and ensures all parties and the court are formally notified of the proper respondent designation.

While some...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Notice of errata or Declaration preferrable in this situation?

Notice of appeal correctly states order that appeal is taken from and against what named defendant.

In title of notice of appeal in defendant/respondent field Name of the case in superior court , ET al. list of defendants is referenced.

Does modification of name of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

In this situation, a Notice of Errata would be the more appropriate and efficient choice to correct the defendant/respondent information in your Notice of Appeal. This simple procedural correction can address the discrepancy between the full list of defendants and the abbreviated "et al."... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Naming case in specific sections of Notice to Designated Record on Appeal APP-003.

APP-003, pages 2-4. In upper section case name must be entered, next to section to enter Superior Court Case number.

Case name that has to be entered must be name of the case in Court of Appeals, or in Superior Court.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

The case name you need to enter on pages 2-4 of form APP-003 (Notice to Designate Record on Appeal) should match exactly how it appears in your Superior Court case. This maintains consistency with the original proceedings and helps prevent confusion in the appellate process.

When filling...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: referencing complaint in appellate brief

By the time dismissal of action against a defendant was entered, Plaintiff was ordered to file second amended complaint, after hearing on First Amended complaint. Defendant against whom dismissal was entered filed demurrer before dismissal was entered, with hearing schedule after dismissal. Is it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

In California appellate practice, you'll want to focus on the operative complaint at the time of the dismissal. Since the court ordered you to file a second amended complaint before the dismissal was entered, that second amended complaint would be the relevant pleading to reference in your... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Validation of basis for standard of review requested, with explanation.

Mixed question for standard of review of appeal.

Appealable order was: denied order to set aside dismissal against one of defendants.

Dismissal was entered by court on premise that settlement was achieved.

But - dismissal was actually entered on agreement on intentions, that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

The standard of review for your appeal involves multiple elements that support a de novo review, which would give the appellate court full authority to review the trial court's decision anew.

The primary basis for de novo review stems from the change in statutory authority from CCP §...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: These facts constitute final appealable order? Under which statute?

Minute order denying motion to set aside dismissal was entered in registered and mailed by clerk. These facts constitute final appealable order? Under which statute?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

Under California law, a minute order denying a motion to set aside dismissal can constitute a final appealable order when it effectively ends the proceedings in the trial court and leaves no issues for future consideration.

The statutory authority for appealable orders in California is...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can App-003 be filed directly with court of appeals?

Can App-003 be filed directly with court of appeals? Filing of App-004 is due soon and scheduled by court of appeals.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

No, you cannot file the APP-003 Notice of Appeal directly with the Court of Appeal. This form must be filed with the superior court where your case was originally heard.

Even though your APP-004 (Civil Case Information Statement) is due to be filed with the Court of Appeal, the initial...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What rule defines

What rule defines that appeal documents can be filed with court of appeals by mailing documents?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

In California, Rule 8.25(b)(3) of the California Rules of Court governs mail filing for appellate documents. This rule specifically allows documents to be filed by mail and considers them timely if deposited in a mail facility, post office, or mailbox before the close of business on the last day... View More

Q: Is right to a jury tral an inherent right ca unlawful detainer post default judgement jury trial was changed to bench

Day before jury trial a exparte motion was filed to change jury trial to bench it was granted citing unlawful detainers in ca are equity matters not subject to California Civil code Procedures 1171 or 592 .There are several legal challengable legal issues with this matter a previous unlawful... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

In California, the right to a jury trial in unlawful detainer cases is protected under Code of Civil Procedure § 1171, which explicitly states that either party may demand a jury trial in these matters. The court's characterization of unlawful detainers as purely equitable matters appears to... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Follow up to Intersection of statutes question.

Isn't plaintiff's motion to set aside and morion for reconsideration equivalent in essence to motion to ENFORCE settlement?

Why not?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2024

While both motions deal with settlement agreements, they serve different legal purposes. A motion to set aside or for reconsideration challenges the validity or terms of an existing agreement or order, often seeking to void or modify it based on specific grounds like fraud, mistake, or changed... View More

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.