Civil Litigation,
Appellate Practice
Jan. 8, 2011
Have You Filed Your Appeal on Time?
If a court order is stamped "filed" but no one sees it, is it really filed?
Alana H. Rotter
Partner, Greines, Martin, Stein & Richland LLP
Phone: (310) 859-7811
Email: arotter@gmsr.com
Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.
If a court order is stamped "filed" but no one sees it, is it really filed?
This is more than a philosophical riddle. It's a critical question for anyone affected by the order because filing affects the time to appeal, and in both state and federal court, the deadline to appeal is jurisdictional. A lawyer who doesn't realize that the court has filed an appealable order may inadvertently but irrevocably forfeit his client's opportunity to challenge that order. Two recently p...For only $95 a month (the price of 2 article purchases)
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