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 ?


Asked on 4/16/10, 12:18 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 4/21/10, 12:24 pm
Steven Murray Steven W. Murray, APC

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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Answered on 4/21/10, 12:35 pm


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