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Appeals / Appellate Law Questions & Answers by State

Appeals / Appellate Law Questions & Answers

Q: How do I move forward after a preliminary objection was overruled?

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on Sep 3, 2015

Answered on Sep 4, 2015

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Robert Jason De Groot's answer
The first thing is to go see an appellate attorney. You might also try to learn the rules of appellate procedure in your state. You might be able to get them online.

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Q: Counsel on my behalf resigned. Summary judgement was issued without my knowing about court date. Can I appeal?

1 Answer | Asked in Appeals / Appellate Law for Texas on Jun 6, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
You probably had to move for a rehearing first, with sufficient grounds. You should always have an attorney for any kind of court matter, except perhaps a small claims case.

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Q: can a witness testimony be thrown out on an appeal

1 Answer | Asked in Appeals / Appellate Law for California on Jun 7, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
What do you mean by thrown out, and what are the facts?

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Q: is there such a legal definition as "closer judicial scrutiny" to use as a reason

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on Jun 25, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
Yes, but the question as asked is quite confusing. The whole opinion needs to be reviewed, not just one phrase used by the appellate court. Go see an appellate attorney for a full discussion of the issues.

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Q: Names of lawyer who is an experts in the court of appeals and also real property law

1 Answer | Asked in Appeals / Appellate Law for New York on Jul 12, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
Then look for an appellate attorney in the area. Go see a few.

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Q: at the time of appeal , can we produce a new fact or not?

1 Answer | Asked in Appeals / Appellate Law on Sep 1, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
No. The appellate court decides whether the lower court ruled correctly under the facts and issues presented to it. The appellate court does not serve as a trier of facts.

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Q: What happens when a trial transcript is needed but their isn't available..?

1 Answer | Asked in Appeals / Appellate Law for Mississippi on Jul 19, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
You must look to the rules of appellate procedure in your state.

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Q: Can probation be modified down from 17yrs to less of a sentence after let's say 5yrs of good behavior and other stuff?

1 Answer | Asked in Appeals / Appellate Law for Indiana on Jul 28, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
Here is a link that might be helpful: http://www.getoffprobation.com/terminate-indiana-probation

Consider doing an internet search the next time you have a legal question.

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Q: After filling a petition in error in Oklahoma, when shall I file the appellant brief

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on Aug 13, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
Each state has its own rules of appellate procedure. Get to a law library, find the right rules, and start reading them.

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Q: How do I find out if someone is on the 10th circuit court of appeals list for a death row inmate

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on Aug 21, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
Go to the court website, and start looking for what you need to know. https://www.ca10.uscourts.gov/

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Q: MCL 7.215(b) lists 8 standards to Publish an Opinion. Lawsuit Zoran v Township of Cottrellville meets 6. Should I Appeal

1 Answer | Asked in Appeals / Appellate Law for Michigan on Aug 29, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
My thoughts are that you need to speak with an appellate attorney about the issues you have raised here. This is not just a basic legal question, but requires much time to discuss, research, and try to answer.

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Q: please is it right to put the heading of your appeal in the name of lower court and file same at the lower court?

1 Answer | Asked in Appeals / Appellate Law on Sep 18, 2014

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
Each state has its own rules of appellate procedure, get them for your state and start reading.

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Q: How to appeal an order from a lower court asking for an appeal that has been denined

1 Answer | Asked in Appeals / Appellate Law on Apr 1, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
Get an appellate attorney. The process is usually quite complex and requires the ability to do research and write briefs.

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Q: Won small claims case against la county. They appealed and I can't pay for a lawyer what should I be ready for...

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Health Care Law on Aug 12, 2015

Answered on Sep 1, 2015

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Robert Jason De Groot's answer
When there is an appeal, there will be an appellate brief by the appellant, then usually an answer brief by you, and then a reply brief, basically.

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Q: Hi my parents divorce is final, they ruled 50/50 while my dad did nothing to contribute we are losing the house, APPEAL?

1 Answer | Asked in Appeals / Appellate Law and Divorce on Aug 12, 2015

Answered on Aug 12, 2015

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Robert Jason De Groot's answer
It may not even be possible to appeal. Usually, there has to be an appealable issue. Your mom needs to find that out first.

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