Sunday, July 28, 2013

Preserving your Appeal Rights

Preserving your Appeal Rights


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If you do not have a Court Reporter at your hearing-your chances of REVERSAL are slim to none - Appeals Court has what is called a "Judgement Roll" they will use to deny your appeal if you don't have a court reporter transcript

To read the rest of this post, click Read more>>


1 Court Reporter-Transcript
2 Minimum of 3 Objective Observers
3 Motion to Strike
4 Objections (Make a script)
5 Ask the JUDGE for a Statement of desision BEFORE the hearing concludes-(hearing are approximately 15 minutes)

It’s not error that will get you a reversal, it’s prejudicial error that will get you a reversal.


(you will see something like this when you go to the Law Library)

2. [16:265] Appealable Orders and Judgments:

An appeal may only be taken from an appealable judgment or order. In California, the right to appeal is wholly statutory—i.e., the court of appeal has no jurisdiction to entertain an appeal from a judgment, order or ruling not made appealable by the Legislature.










[Powers v. City of Richmond (1995) 10 C4th 85, 89–90, 115, 40 CR2d 839, 840, 857; see Enrique M. v. Angelina V. (2004) 121 CA4th 1371, 1377, 18 CR3d 306, 310;



Marriage of Hafferkamp (1998) 61 CA4th 789, 793–794, 71 CR2d 761, 763—no right of appeal from court’s tentative decision]
(Google Scholar - >http://scholar.google.com/ - Check Legal documents - ENTER >Marriage of Hafferkamp)


Conversely, if a judgment or order is appealable, aggrieved parties must file a timely appeal or forever lose the opportunity to obtain appellate review. Appellate courts have no jurisdiction to review appealable judgments or orders from which a timely appeal was not taken.

[CCP § 906; Kinoshita v. Horio (1986) 186 CA3d 959, 967, 231 CR 241, 246; see also 16:27]

( California Law >http://www.leginfo.ca.gov/calaw.html Check Code of Civil Procedure >906 SEARCH)

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