Legal Question in Appeals and Writs in California
Government Interloctory Appeals and Stay of Trial
Is the Gov. allowed to stay the proceedings of a trial because of a pre-trial
appeal they filed, when they apply for the stay only a Week before the trial
date? And when they have still not received any approval from either
Washington or locally to proceed with the appeal. Do they even need approval
before they can proceed? The judge granted their stay and their brief is due in
a week, yet they still have not received approval from Washington or
elsewhere to prosue the appeal. And didn't ask for an expediated appeal.
Meanwhile the deffendents have been waiting for over a year so far to get to
trial, and are now on indeffinate waiting.
1 Answer from Attorneys
Re: Government Interloctory Appeals and Stay of Trial
Regardless of what some anonymous attorney on LawGuru tells you for free, the answer to your question is properly from the trial judge. If you don't like his answer, you can file an appeal of the decision. And, yes, a pre-trial appeal typically stays the action. If you wanted to object, it needed to be at the time that request was made in court.
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