can an appeal be re-opened after its been closed?
3 Answers from Attorneys
Probably not, but that depends on the specifics. It may also depend on what you mean by "closed". That's not a term the courts use. I can think of several different steps you might be trying to describe.
Feel free to contact me directly if you want to discuss your case further. I am a certified specialist (per the State Bar of California's Board of Legal Specialization) in appeals and writs, and I have many years of experience in the field.
A party can file a petition for rehearing, or a petition for review in the California Supreme Court, but that depends on the status of the case and whether the appeal has become final. I agree with Mr. Hoffman that we do not use the term "closed."
Usually, an appeal that has been determined by the last court with jurisdiction can be reopened in limited circumstances. If the appellate court has issued its remittitur back to the trial court a party may ask the court to recall the remittitur to address an issue that the party may have defaulted on in the initial appeal. It is not available where the party forgot to raise an issue that he was or should have been aware of at the time. Where counsel was denied or in criminal cases where he performed below standards, a party may resort to a petition for a writ of coram vobis. These are extremely limited circumstances because an appeal that is final is not vulnerable to attack. Good luck.
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