Legal Question in Appeals and Writs in California
appeals
I am the appellate who filed a timely opening brief. After 3 extesions of time, the respondent's brief was sent to wrong address which i received just days ago. I must file a request to accept a late brief.
The respondent's brief referred to evidence not on record. then I received a order from the court to augment record per request of respondent. I never received any documentation stating respondent filed such a motion therefore I was unable to object to the motion.
Meanwhile, my mother passed last week and life is very full.
I have a great case to appeal, but am up to my eyebrows in ''life''. My reply brief is completed and I plan to submit it tomorrow with request to accept late brief. I'm unsure how to handle the respondent's motion to augment record which has already been ordered by the court. Is there anything I can do about this...again I received no request to augment record from respondent.
Your assistance is greatly appreciated. Thank you very much for your consideration.
charles
4 Answers from Attorneys
Re: appeals
I am not sure what assistance you seek that we can provide in this forum. It actually sounds like you know what needs to be done, but you just don't have the time to do it.
Are you aware that law libraries have practice guides that often contain templates for particular types of documents? You might look for the Rutter Group practice guide that deals with appeals.
Or you could hire an attorney to do the ancillary paperwork that is basically procedural in nature, since you have finished the documents dealing with the substantive law...
Re: appeals
I am impressed that an apparent pro per has gotten this far already. First go to the statute, look at the leading caselaw and argue. Similar to drafting a brief. If you'd like I could respond to the motion for a reasonable fee. Contact me directly.
Re: appeals
You're asking for extensive specific legal help, service and advice, which is what appellant attorneys are paid to provide. There is no 'quick' answer to your problem that will do you any good. You need detailed discussions with counsel, review of the pleadings, and help preparing pleadings based upon the facts and file. I sympathize with your circumstances, but the court doesn't care except that you do it right and on time. If you want to get the legal help you need, feel free to contact me.
Re: appeals
You normally have 20 days after the respondent files its brief, to file your reply. But you can get an extension to file. If you are within that time frame, no problem. If not, See if Respondent will stipulate to an extension - you said it got three already, so your having one should be no problem. If not, try calling the clerk of the division in which your appeal is pending. Explain you need a short extension to file as the Reply is ready to file and ask if an extension form can be filed with the Reply. Download the extension request form from the appellate forms on the court of appeal's website. File both together immediately if the clerk says OK. And file a change of address if you moved. If the wrong address was Responden't fault, let the clerk know that is why you are late. If you moved and didn't file a notice of change of address, do so immediately.
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