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Today, the California Code of Civil Procedure is comprehensive only with regard to trial court procedure. As a result of a bill pushed through the legislature at the suggestion of Chief Justice Phil S. Gibson in 1941, appellate procedure in California is governed primarily by the California Rules of Court (specifically, Title 8, Appellate Rules).
Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.
The California Constitution originally made the Supreme Court the only appellate court for the whole state. As the state's population skyrocketed during the 19th century, the Supreme Court was expanded from three to seven justices, and then the Court began hearing the majority of appeals in three-justice panels.
However, the appellate divisions of the superior courts (which hear appeals from infractions, misdemeanors, and "limited civil" cases) occasionally certify opinions for publication, which appear in a "Supplement" to the California Appellate Reports. The California Court Case Management System (CCMS) is the court case management and electronic ...
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
Certain jurisdictions permit certain appeals to cause the trial to be heard afresh in the appellate court. Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen ...
Secondary motions that, by their nature, include a variable element, also may be amended. [1] For example, the motion to postpone may be amended as to the length of the postponement; the motion to limit or extend limits of debate may be amended as to the number or length of speeches or the total time to be consumed; and the motion to commit or ...
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