Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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answered on Dec 14, 2024
To appeal a firearm prohibition due to a 5150 psychiatric hold in California, you'll need to file a petition with the superior court in your county of residence. The process involves requesting a hearing to prove you can safely possess firearms again.
You should gather documentation... View More 
Appelate unit of Standley Mosk Courthouse receives appeal documents from Superior Court. Documents get further transferred to 2d Circuit Court of Appeals.
Appellate unit of Stanley Mosk notices Notice of Appeal. According to this Notice, APP-004 has to be served within 15 days.... View More
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answered on Dec 11, 2024
Under California law, the "reviewing court" refers specifically to the Court of Appeal that will hear your case, which in this instance is the Second District Court of Appeal, not the Superior Court's appellate division at Stanley Mosk Courthouse.
The 15-day timeline for... View More
Technical issue to resolve amending notice of appeal.
Error can be declared with Chatsworth Court, with filing Amended Notice.
Why to take issue to Civil Appeal Unit of Stanley Mosk court, reviewing court?
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answered on Dec 11, 2024
If you've discovered an error in your Notice of Appeal, you should file the Amended Notice with the trial court where your case originated (Chatsworth), not directly with the Civil Appeal Unit at Stanley Mosk courthouse.
The reason for this is procedural - the trial court maintains... View More
Essence of appeal, and as to whom appeal is filed is identified correctly in body of the appeal.
Issue with inaccurate entry in title page seems like has to be addressed by:
DECLARATION and submitted with App-004 amended Notice, not Motion.
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answered on Dec 11, 2024
Your understanding about using a Declaration rather than a Motion is correct. When dealing with title section errors in a Notice of Appeal, the California courts generally prefer addressing these through a Declaration accompanying an APP-004 Amended Notice of Appeal form.
The key is that... View More
If reason for appeal is specific in notice of appeal: order against which defendant is appealed;
but in title section of the notice name of the case is stated, not name of responded:
How this issue can be corrected?
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answered on Dec 11, 2024
Under California law, you can address this issue through an amendment to your notice of appeal. The California Rules of Court allow for amendments to notices of appeal in certain circumstances, particularly when the original notice contains technical defects that don't affect the substantial... View More
If notice that notice of appeal was sent from Civil Appeals Unit of Stanley Mosk court, does it mean that APP-004 has to filed with this Appeals Unit?
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answered on Dec 11, 2024
No, receiving a notice of appeal from the Civil Appeals Unit at Stanley Mosk courthouse does not mean you must file your APP-004 form there. The APP-004 (Civil Case Information Statement) needs to be filed directly with the reviewing court - specifically, the Court of Appeal that will be handling... View More
Upon what conditions certificate of interested parties is required to submit with APP-004? Civil Unlimited Case
APP-001-INFO does not reference requirement for certificated of interested parties.
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answered on Dec 11, 2024
Under California Rules of Court 8.208, you need to file a Certificate of Interested Parties with your civil appeal when there are persons or entities with financial or other interests that could be substantially affected by the outcome of the proceeding. This requirement helps ensure transparency... View More
Plaintiff filed Notice of Appeal in Chatsworth Court. Civil Appeals Unit of Stanley Mosk court received documents from Chatsworth Court.
App-004 will have to be filed with reviewing court. Which court is referred to as reviewing court?
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answered on Dec 11, 2024
In California, since your Notice of Appeal was filed in Chatsworth Court (Los Angeles Superior Court), your reviewing court would be the California Court of Appeal, Second Appellate District, which handles appeals from Los Angeles County Superior Courts. The Civil Appeals Unit at Stanley Mosk... View More
Contents of appellate brief is defined by rule 8.204:
(a) 2) An appellant's opening brief must:
(A) State the nature of the action, the relief sought in the trial court, and the judgment or order appealed from;
(B) State that the judgment appealed from is final, or... View More
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answered on Dec 11, 2024
The California Rules of Court establish Rule 8.204 as the foundational requirement for appellate brief contents, setting the minimum standards that must be included. These core requirements ensure your brief addresses the nature of the action, relief sought, appealability, and key facts from the... View More
How soon after Notice of Appeal APP-002 is filed with Superior Court, trial court clerk mails a notice that notice of appeal was filed in unlimited civil case?
Notice by trial court that notice of appeal was filed is a mandatory step?Is the Notice if any mailed by Superior Court or Civil... View More
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answered on Dec 11, 2024
Under California Rules of Court, Rule 8.100(e), the trial court clerk must promptly mail a notification after receiving a notice of appeal in an unlimited civil case. This notification, typically sent within 5 court days, informs all parties that a notice of appeal has been filed.
The... View More
I filed a request for extension (form cm020) with the Superior Court of California, County of Orange. The rejected it on the based on:
Reject Reason 1:
Other
Clerk's comments to submitter:
The document submitted is incomplete. Number 1 was left blank.... View More
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answered on Dec 6, 2024
Your situation with the Orange County Superior Court can be resolved through a few different approaches, but you'll need to act quickly given the time-sensitive nature of your extension request.
First, gather evidence of the error by taking screenshots or making copies of both your... View More
My brother petition should have been given a evidentiary hearing before a decision was made by the court. What can I do next to help my brother's case for resentencing
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answered on Dec 4, 2024
If the judge denied your brother's 1172.6 petition at the prima facie stage despite the absence of felony murder jury instructions, you have grounds for appeal. This type of denial without an evidentiary hearing may be procedurally improper, particularly if there are disputed facts that need... View More
Filing APP-004 and brief with courts
Can documents for filing in Los Angeles County Court of appeals be filed by mailing documents to court? (At Mosk Courthouse - appelate and in second circuit of appeals.)
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answered on Dec 3, 2024
Yes, you can file documents with the Los Angeles County Court of Appeals through mail. For the Second District Court of Appeal at the Ronald Reagan State Building, you'll need to send your APP-004 form and brief via first-class mail with proper postage to 300 South Spring Street, Los Angeles,... View More
Can documents for filing in Los Angeles County Court of appeals be filed by mailing documents to court? (At Mosk Courthouse - appelate and in second circuit of appeals.)
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answered on Dec 3, 2024
Yes, you can file documents with the Los Angeles Court of Appeal through mail. For the Second District Court of Appeal at the Ronald Reagan State Building (not Mosk Courthouse), you'll need to send your documents via first-class mail with proper postage to 300 South Spring Street, Los Angeles,... View More
Trial court will need to send clerk's transcript to appellate district court.
How much time it generally takes from filing notice of appeal until appellate court sends notice, that brief has to be filed?
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answered on Nov 26, 2024
In California appeals, after filing your notice of appeal, you can typically expect to wait 30-60 days for the trial court to prepare and send the clerk's transcript to the appellate court.
Once the appellate court receives the complete record (including both clerk's and... View More
Can you please reference rule/guide that define how to fill out this field.
Since appears that APP-002 has to match the title section of the Superior Court Case; NOT particular respondent to appeal.
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answered on Nov 25, 2024
The APP-002 Notice of Appeal form's respondent/defendant field should indeed match the case title exactly as it appears in your Superior Court case. This is outlined in California Rules of Court, Rule 8.100(a), which governs notices of appeal in civil cases.
When filling out this... View More
On forms APP-002 and APP-003 Defendant/Respondent is particular defendant against whom Appeal is filed, or Defendant as stated in title of the case?
On APP-003 other parent/party is Defendant from title of the case?
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answered on Nov 25, 2024
In California appeals forms, the Defendant/Respondent refers specifically to the party against whom you are filing the appeal - not necessarily the defendant named in the original case title. This person or entity is the one who won or received a favorable ruling in the lower court decision that... View More
Should specific timeframe within register be designated in attachment 4b,
or Just checking in APP-003 register as of date of filing the case is sufficient?
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answered on Nov 25, 2024
When preparing your APP-003 form for a clerk's transcript on appeal in California, you should designate the specific timeframe within the register of actions that you want included, rather than just checking the box.
In attachment 4b, provide the exact date range of entries you need... View More
APP-003 attachment 4b. Documents list for appeal of order denying motion to set aside dismissal against one of defendants, defendant A.
Should list of documents include any documents (relevant to subject matter of lawsuit) filed later as to other defendant B, after date when order to set... View More
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answered on Nov 25, 2024
For an appeal of the order denying your motion to set aside dismissal against defendant A, you should generally focus on documents that were before the trial court when it made its decision on that specific motion.
Documents filed after the denial of your motion to set aside, even if they... View More
Ms. Arrasmith previous response essentially means that appealable denied order to set aside dismissal is 'one and done' situation,
when failure to timely appeal results in consequent loss of opportunity of post-judgement appeal.
Because appeal might have been taken before,... View More
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answered on Nov 24, 2024
Your interpretation raises an important point about Section 906, but it needs some clarification. The situation isn't quite as absolute as "one and done."
While failing to timely appeal a denied motion to set aside dismissal can indeed close off that specific avenue for... View More
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