Legal Question in Family Law in California

can an appellate court over turn lower courts decision without the other party actually coming back to court


Asked on 6/05/10, 9:09 pm

3 Answers from Attorneys

Your question is extremely vague. I have no idea what you mean by "other party actually coming back to court." Courts can do almost anything without a party present as long as that party had notice and an opportunity to appear and then doesn't. If you mean can an appeals court overturn a trial court decision without a hearing at all, the answer is still yes, but in much more limited circumstances. Without a more clear question, that is all I can tell you.

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Answered on 6/06/10, 9:02 am
Anthony Roach Law Office of Anthony A. Roach

The answer to your question is yes. The party who appeals is called the appellant. Assuming that the appellant files the correct paperwork, and the appellate court reverses, the respondent does not have to go to the Court or Appeal, or the Appellate Division to have any effect on reversal or affirmation of the order or judgment appealed from.

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Answered on 6/06/10, 10:40 am
George Shers Law Offices of Georges H. Shers

Some courts require a pre-hearing settlement conference that all parties must attend. Then written briefs must be submitted by both sides, but the court will still decide the matter if the respondent does not submit any rebuttal to the appeal. Many times the court will ask the parties to waive oral argument. But why would your opponent not appear?

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Answered on 6/06/10, 10:01 pm


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