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
Pennsylvania Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: If PA Superior Court voted 2-1 to strike my brief with no motion to strike and w/o reason, can I still oral argue?

I am intervenor siding with appellant. I am pro se. They gave me order on when to file brief. I followed order and all other r.a.p. I think they didnt like the content because judge was disqualified but refused to recuse. They are playing games with me, I know.

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

You can ask them to reconsider but I wouldn't hold my breath. Usually their orders will state a reason. You are an intervenor so your rights are limited.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: Im on house arrest cause i need surgery the dr wont do the surgery unless the anklet is removed....

I broke both my heels in early 17. i have to have a subtlar fusion on my left foot and will be in a cast. in order not to cause more damage to my right foot they want me to wear a boot witch isnt possible with the moniter on. What steps can i take so i can get my surgery done?

Zak Taylor Goldstein
Zak Taylor Goldstein
answered on Oct 17, 2017

Your lawyer can file a motion with the probation judge asking the judge to let you remove the monitor in order to have surgery.

Q: Can my fiancee sue for short term disability after she appealed with work and was still denied?

My fiancee developed chronic migraines and had paperwork from the state saying that she was unable to work. She tried to go back to work but it was too much for her and she ended up having to leave early and call off. I myself ended up at the end of my attendance points from having to leave early... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

You should talk to a lawyer who handles those, however disability claim on migraines is very tough.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: My husband filed an appeal 5 months agao and still haven't received any information back how long is the process
Mark McCulloch
Mark McCulloch
answered on Apr 20, 2017

I know that waiting is frustrating. But the appellate process grinds along very slowly. I don't know what kind of appeal you have or which court is considering it but generally, if you are appealing a criminal case to the Superior Court, which is the appellate court that hears appeals from... View More

2 Answers | Asked in Appeals / Appellate Law and Small Claims for Pennsylvania on
Q: Can you represent yourself in the court of common pleas during an appeal from a small claims court ruling?
Brian Lehman
Brian Lehman
answered on Mar 30, 2017

Yes: "The judicial system of Pennsylvania embraces the idea that access to the Courts is a fundamental right of all Pennsylvanians."

Note, however: "Self-represented litigants are held to the same standards as attorneys admitted to the bar of the Commonwealth of...
View More

View More Answers

2 Answers | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Where can i read this case i like to review this case U.S. Court of Appeals for the Third Circuit - 849 F.2d 600 (3d Cir
Glenn B. Manishin
Glenn B. Manishin
answered on Dec 31, 2016

It appears the court of appeal affirmed dismissal without an opinion. http://law.justia.com/cases/federal/appellate-courts/F2/849/600/36755/

View More Answers

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Pennsylvania on
Q: We have DNA evidence. How do we connect with a criminal lawyer who isn't afraid. Please advise.

We have DNA evidence that is crystal clear. What can we do? What is the first, second, and third steps...ect. Yes, get a lawyer but who, I've asked around.

NiaLena Caravasos
NiaLena Caravasos
answered on Dec 29, 2016

There are many online forums, including Justia, where you can research the top criminal defense attorneys in Pennsylvania and then make your decision regarding who you wish to contact. Don't be afraid to reach out. If the person whom you contact is not the right one for this particular case,... View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How long after appeal won does judge have to see you For resentence. Is ten full years appropriate?
Peter N. Munsing
Peter N. Munsing
answered on Sep 24, 2016

Your appeal was won, I'm assuming you had an attorney, they are the best person to answer as they know your case fully.

1 Answer | Asked in Landlord - Tenant and Appeals / Appellate Law for Pennsylvania on
Q: Can a judge overrule of Pa civil procedure?

We were not notified of the judgement of return of property until the 10th day due to a clerical error at the Mag. office. We went to file an appeal at the prothonotary office and were told we would need a judges order to file it. Can a judge overrule a Pa rule of civil procedure of 10 days to file... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

The rules of civil procedure provide that a judge may enlarge the time for the doing of any act......So the judge if they grant your petition isn't overrulling the Rules, just doing what they allow judges to do. So if you want to appeal do it.

1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Pennsylvania on
Q: What can I do to help get my boyfriends mom back in the states, we don't know too much in detail but have a few questio

We were told she can come back, she got deported and it's been more than 10 years, something about a forgiveness. Do I need to fill a visa alien card? Residency? I'm really not sure where to even start, I have not a lot of money and don't know where to start......anything of an answer would be great

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 15, 2016

From what it sounds, if your boyfriend is a US citizen and is eligible to file for his mother, she would probably need an I-212 waiver and then have to process through the consulate abroad. These cases are very difficult without a lawyer. But I would consider at least going for a consultation... View More

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I have a case where there was a trial that occured, the judge said it as barred by Monell, but she never issued a factua

L verdict. I am appealing, but i have no factual verdict to appeal. Can there be a civil trial and no factual decision?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

Probably not.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: What does it mean when the appeal board says the determination is vacated and remanded?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

Perhaps that you won the appeal.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How long do I have to appeal a civil judgement in PA Middle District Court?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 9, 2015

The time to appeal has long since expired. It is usually 30 days.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I need to appeal a civil rights case but dont want the same attorney, how much time do I have
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

You assume that you can appeal, when perhaps you cannot. You needed to go see an appellate attorney back when you asked this question.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How can I appeal the courts decision Luzerne county PA?

My exhusband received physical custody of our minor children and I was granted visitation rights. I do not believe it was a fair trial. He has made several false statements about myself. He has no proof of any aligations.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

Ask your attorney about this.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: how long do I have to file an appeal on a child relocation verdict
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 23, 2015

http://www.palawhelp.org/resource/how-to-appeal-from-district-justice-court?ref=AGtCc

1 Answer | Asked in Appeals / Appellate Law and Family Law for Pennsylvania on
Q: My ex boyfriend is appealing our child support order and is claiming he has the kids more than 30% of the time, false.

We have 2 kids, he left us about 3 months ago. We had a hearing with a mediator and the ex immediately appealed the order. He is always canceling to get the kids last minute, hasn't even seen them in a week. Is it just his word against mine? Do I need to get a lawyer? I can't afford one.... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 8, 2015

Help can only come for you if you have money to hire a private attorney. Perhaps you could go see one for a free consultation to learn about what needs to be done.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I settled my case in PA and waived the ten day appeal proscess how long will I have to wait to receive my money
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 5, 2015

Did you think that you had given enough facts here? I hope you have an answer to this question by now, and have already received the money. We do not even know what type of case it was or if there was already a suit.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Where can I find a precise to strike an appeal?

I am in Berks County

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

A precise what? What are the facts here. You have to have grounds, and grounds are based upon facts. There are many reasons to move to strike a brief. Look up the PA rules of appellate procedure and start reading, or get an attorney who does appeals to review everything.

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.