People expect a fair decision when they go to Court. It must be remembered, however, that Judges and Juries are comprised of human beings and people make mistakes. The appeals process is in place to correct such mistakes. Our San Bernardino appellate attorney handles matters stemming from California probate cases and is proud of the results she has achieved on behalf of clients. If you feel the Probate Court made an error then contact our office today to speak with an attorney regarding your options.
San Bernardino appeals lawyer assisting with probate cases in Rancho Cucamonga nd throughout the Inland Empire
An appeal is very different from a trial. Taking your case to the Appellate Court does not mean starting the process all over again. Instead, it means that a higher Judge will review the record of your case and determine if errors of law were made. If the lower Court wrongly denied a Motion, made an error in regards to admitting evidence, or made another mistake of law then it may be possible to gain a new trial or to have the prior decision outright reversed. It must be understood that appeals require extensive legal analysis and many attorneys do not practice appellate law. Also, appellate rules are strictly enforced and a failure to follow proper procedure may result in the case being dismissed. For these reasons, it is crucial that you retain counsel who regularly handles such matters.
The first step is to file a Notice of Appeal with the District Court. Normally, this must be done within sixty days of service of notice of entry of judgment or copy of judgment, or if no service, then 180 days after entry of judgment, whichever is earlier. The court documents which you wish to cite in the appeal must be designated within ten days of the Notice. Documents not properly designated cannot be cited to and, in turn, cannot be part of a California appeal. The Appellant will then file an opening brief. The defendant will file a response to which the Appellant will file a reply. Oral arguments before the Appellate Court will be heard at a date to be determined, unless waived.
Candice Garcia-Rodrigo is a San Bernardino appeals lawyer assisting in cases stemming from probate matters. Matters which Candice handles on appeal include issues over whether property should have been included in an estate, whether one should have been considered an heir, whether a will was valid, and more. Candice handles all matters in the office personally which means she will be the one handling your appeal. Our firm recognizes that time is of the essence in such matters. Results vary based on facts, circumstances, and legal issues involved. All cases must be properly reviewed prior to determining applicable law and likely conclusion. Contact us today to speak with an attorney. We also service Rancho Cucamonga, Fontana, Ontario, Victorville, Rialto, Hesperia, Chino, Upland, Apple Valley, Redlands, Highland, Colton, Yucaipa, Montclair, elsewhere in the Inland Empire, as well as Los Angeles.
San Bernardino County attorney ensuring that probate appeals are handled in an orderly fashion
Candice understands that appeals are time sensitive and document intensive. Once retained she will immediately acquire the lower court record regarding your case. She will then analyze the record to determine which issues may, or may not, have merit on appeal. Our attorney will then meet with you to discuss your options and to give you a reasonable analysis of your chances going forward. She will be available to answer your questions, will make herself available to answer all phone calls, and will be there for you throughout the process. This is our promise to each and every client.