I don't have the details of this question. Check the PA appellate rules, but generally speaking if the appellee does submit a brief, or does not submit a timely brief, the appellee loses the right to proceed with oral argument AND perhaps the court would not even READ the appellee's brief.
When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... Read more »
A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.
Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.
I can draft a brief but I am not admitted to practice in PA. You will have to find co-counsel in PA who can enter his/her appearance, can file the brief and can do any oral argument. I have done briefs in PA courts and I am familiar with family law issues.
You have courage to undertake such a difficult project. There are very knowledgeable Pennsylvania criminal defense - appeal attorneys here who are really the ones with insight into this, and they could give the best direction. But your post remains open for four days, and some law offices might be...Read more »
He is filing pro se and has limited access to the law library due to the covid 19 restrictions. I have no legal background. He would provide the written brief and is asking me to format it and file it electronically via the PAC file.
I don't see why not. You are not representing him, you are not a lawyer, you're just assisting in a pro se filing. Unless there's an appellate rule prohibiting this (and I haven't reviewed the PA appellate rules), there should be no problem. Unless I'm missing something...
Anyone can appeal anything. Doesn't mean they win. If the appeal is from the initial determination/examiners decision they can try to introduce evidence. If it's appealing a referee decision, they are stuck with the record.
Assuming you were in District Justice Court, the appeal means basically you go to arbitration. You have to file another complaint in the Court of Common Pleas in your County, and mail a copy to the person on the other side, and file an entry of pro se appearance . Then it gets put on a track for...Read more »
Yes and no. There are very specific procedures for appeals to the Superior Court of Pennsylvania, and she must follow them to get any appellate relief at all. You too must correctly follow all of the appellate procedures.
If oral argument is requested and scheduled -- that's the...Read more »
My husband and I have had foster daughter for over three years (4mths to present). Both us and grandmother petitioned for adoption. After hearings for both, judge dismissed their petition and granted ours. Now they have appealed. What are chances of us losing her to them?
Zero idea, because I know zero about your case -- either substantively or procedurally -- and neither does any other attorney here on Justia. If you have an attorney that assisted you through the adoption process, however, you should pose your question to him/her. If you don't have an...Read more »
I gave him up for Adoption due to have become a Single Mother a d he had Cerebral Palsy and some other Disabilities so I was told then. The State of Nj still is taking$50.00 a Week out of my Pay now they are saying the Employers are not sending this Money to.them. I Live in PA and I feel I need to... Read more »
9th Circuit rulings aren't binding on the Third Circuit, but it sounds like you were convicted so you are looking at Superior Court of 3rd Circuit. Why not discuss it with whoever represented you in the criminal case?
So a few days ago we tied our dog outside and went in to get the watering can. Within that time(30 secs) our neighbor was outside with our dog saying he got loose and ran up to someone. No one was around to ask what happened(victim or otherwise) 30 mins later cops our at our dog for a report on a... Read more »
You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.
They are trying to bully her into changing her story and saying something happened that did not. They are mentally abusing her. The case worker called her the day before the hearing and told her the children were coming home the next day, she was so excited, overjoyed and then show up for court to... Read more »
Unfortunately, it's impossible to answer your question without knowing all of the facts of your daughter's case. Presumably it's a dependency case, with Child & Youth involved? Troubling perhaps that her attorney agreed to continue the kids in placement for another 30 days if...Read more »
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