California Supreme Court
Feb. 28, 2017
New trials and untimely affidavits
Can a court order a new trial based on an untimely affidavit? The California Supreme Court recently answered this question.
Hall of Justice (East Wing)
Audra Ibarra
Judge
Felony Trials/Preliminary Hearings
New York Univ SOL
Audra is an appellate specialist certified by the State Bar of California Board of Legal Specialization and serves on the California Judicial Council. Find out more about Audra at www.calapplaw.com. Appellate Zealots is a monthly column on recent appellate decisions written by the attorneys of the California Appellate Law Group LLP, an appellate boutique with offices in San Francisco and Los Angeles.
APPELLATE ZEALOTS
Most trial and appellate attorneys know a party may question a court's jurisdiction at any time because without jurisdiction a court lacks power to decide a case. Statutes give a court limited jurisdiction to hear a new trial motion. Under Section 659 of the California Code of Civil Procedure, a party must notice a motion for new trial within a certain time after a decision, and under Section 659a, the party must file a brief...
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