Legal Question in Appeals and Writs in California

Motion for Expedited Consideration

I have an appeal pending at the 9th circuit which was fully briefed as of May 4 of 2003. The appeal involves a motion to quash an overbroad, general warrant that resulted in the confiscation of property for alleged income tax violations. It the warrant was so overbroad that a family business which had been in exhistance for 15 years was closed down, and the resulting financial hardship has been staggering. My attorney cannot find any case law which would support the filing of a motion for expedited consideration. The warrant was executed and property taken in June 0f 2001, and most of the property has not been returned to this date, which is also argued in the appeal. What legal basis would this type of motion be based upon?


Asked on 12/27/03, 1:26 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Motion for Expedited Consideration

See 9th Cir. Rules 27-12 and 34-3, last Para. I am sure your lawyer will find the appropriate case law for such motion. See also the Rutter Guide to Federal Appellate practice.

Also, the facts might authorize classifying your case as an "injunction" matter so it might get priority.

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Answered on 12/27/03, 2:25 pm


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