Relevant Case Decided While Decision Was Pending
While my case was pending a decision (the evidence had been presented, etc.) a case was decided that would have been very relevant to my case. How can I bring this case to the court's attention? What happens procedurally in such a situation? Do I bring it up on appeal?
Thank you so much for any help.
Re: Relevant Case Decided While Decision Was Pending
The answer will depend on the status of your case. If a Statement of Decision or judgment has not yet been rendered, you should be able to submit a supplemental post-trial brief bringing the new authority to the attention of the court.
If there already is a judgment, you might be able to file a Motion for New Trial if there is still time.
Otherwise, as a general rule you can raise the new legal authority in an appeal from the adverse judgment. That requires, of course, that you properly file a timely Notice of Appeal, etc.
I am a certified Appellate Law specialist, and I engage in much post-judgment work. You can review my qualifications at www.foxappeals.com. Please contact me if you would like a consultation.
Re: Relevant Case Decided While Decision Was Pending
The answer will depend on the status of your case. If a Statement of Decision or judgment has not yet been rendered, you should be able to submit a supplemental post-trial brief bringing the new authority to the attention of the court.
If there already is a judgment, you might be able to file a Motion for New Trial if there is still time.
Otherwise, as a general rule you can raise the new legal authority in an appeal from the adverse judgment. That requires, of course, that you properly file a timely Notice of Appeal, etc.
I am a certified Appellate Law specialist, and I engage in much post-judgment work. You can review my qualifications at www.foxappeals.com. Please contact me if you would like a consultation.
Re: Relevant Case Decided While Decision Was Pending
The answer will depend on the status of your case. If a Statement of Decision or judgment has not yet been rendered, you should be able to submit a supplemental post-trial brief bringing the new authority to the attention of the court.
If there already is a judgment, you might be able to file a Motion for New Trial if there is still time.
Otherwise, as a general rule you can raise the new legal authority in an appeal from the adverse judgment. That requires, of course, that you properly file a timely Notice of Appeal, etc.
I am a certified Appellate Law specialist, and I engage in much post-judgment work. You can review my qualifications at www.foxappeals.com. Please contact me if you would like a consultation.
Re: Relevant Case Decided While Decision Was Pending
The answer will depend on the status of your case. If a Statement of Decision or judgment has not yet been rendered, you should be able to submit a supplemental post-trial brief bringing the new authority to the attention of the court.
If there already is a judgment, you might be able to file a Motion for New Trial if there is still time.
Otherwise, as a general rule you can raise the new legal authority in an appeal from the adverse judgment. That requires, of course, that you properly file a timely Notice of Appeal, etc.
I am a certified Appellate Law specialist, and I engage in much post-judgment work. You can review my qualifications at www.foxappeals.com. Please contact me if you would like a consultation.
