Legal Question in Appeals and Writs in California

Government Interloctory Appeals and Stay of Trial

Is the Gov. allowed to stay the proceedings of a trial because of a pre-trial

appeal they filed, when they apply for the stay only a Week before the trial

date? And when they have still not received any approval from either

Washington or locally to proceed with the appeal. Do they even need approval

before they can proceed? The judge granted their stay and their brief is due in

a week, yet they still have not received approval from Washington or

elsewhere to prosue the appeal. And didn't ask for an expediated appeal.

Meanwhile the deffendents have been waiting for over a year so far to get to

trial, and are now on indeffinate waiting.


Asked on 5/06/05, 1:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Government Interloctory Appeals and Stay of Trial

Regardless of what some anonymous attorney on LawGuru tells you for free, the answer to your question is properly from the trial judge. If you don't like his answer, you can file an appeal of the decision. And, yes, a pre-trial appeal typically stays the action. If you wanted to object, it needed to be at the time that request was made in court.

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Answered on 5/06/05, 2:42 pm


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