Legal Question in Appeals and Writs in California
About two years ago, I lost an appeal case in Family Law matter. Appellate court ordered that Respondent to recover the cost of appeal. Respondent did not file any motion to recover the cost of appeal. About six months ago, on this issue a judge warned the Respondent that the motion to recover the cost of appeal has statue of limitation on until what time such motion could be filed. I am looking for the reference for this code. Do you know what Civil Code or Family Law code states this statue of limitation on the deadline to file for the appeal cost.
2 Answers from Attorneys
The deadline is in the California Rules of Court, not in the codes. It's 40 days after the Court of Appeal issues the remittitur. See Rule 8.278(c)(1). That rule governs in ordinary civil appeals and in family law appeals. See Marriage of Freeman (2005) 132 Cal.App.4th 1, 7-9.
Instead of filing a motion as you state, the normal procedure is to file a verified memorandum of costs. See Rule 3.1700. A motion would only be necessary if the claim includes attorney fees or certain other types of costs. If only a memo was required but the respondent filed a motion instead, the court should should rule on the motion.
I agree with Mr. Hoffman.
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