Legal Question in Appeals and Writs in California
is an ex parte motion asking for a stay of a judges order equivalent to an objection for purposes of appeal ?
2 Answers from Attorneys
Objections generally deal with the admissibility of evidence, not the effective date of an order. I would need to know more about your situation before I could say whether you have preserved your issue for appeal.
Feel free to contact me directly if you want to discuss this further. I am certified by the State Bar as a specialist in appellate practice and I have more than fifteen years of experience in the field.
No, it is not. An appeal is a specific request to another, higher court to review a lower court's decision. A request to stay enforcement of a lower court's order made to that lower court is different. The two things are related but are independent and have different time limits and other requirements. Doing one in the lower court does not change what is required for an appeal.
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