Legal Question in Appeals and Writs in California
appeal of family court
After a ruling in divorce court, what are my choices in the appeals process? If I appeal the decision will the same judge hear the questions of law or will it go to a circuit appeals court? My end state goal is for another judge to hear my case, whether it is in whole or just the questions of law.
2 Answers from Attorneys
Re: appeal of family court
The appeals court will hear the questions of law, and will analyze the matter for legal (and in some cases, factual) mistakes of the trial judge. If it finds a mistake, it has the option of reversing the judgment or order and ordering a new hearing or trial on the issue, or in some cases it may direct that a particular order or judgment be entered by the trial court.
Please feel free to call me if you have any other questions on this issue.
Re: appeal of family court
Unless the appeal results in an order for the trial to be re-done [unlikely], an appeal result in presentation of any old or new evidence or testimony. It is simply a review of the written record by an appellate judge, guided by the appellate briefs that are filed, to see if mistakes of law were made.
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