How do I handle the appellate court’s refusal to rule on a motion?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I handle the appellate court’s refusal to rule on a motion?

I’m appealing a traffic ticket. There was no official recording of the trial. The judge did not follow proper process and prepared a defective settled statement without allowing me to object to or make changes to it. I filed a motion in the appellate division to augment the statement. They denied my motion. I filed a motion to reconsider the motion 5 months ago. They have still not ruled on that motion. I have filed my opening brief and oral argument for my appeal is scheduled in a month. There is still an inadequate record on appeal. How do I get the court to rule on the motion to reconsider?

Asked on April 23, 2011 under General Practice, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can certainly file a motion with the chief judge who handles the management of dockets for that entire court. You can talk to the clerk and make nice and see if anything can be done to push this along. You can contact the state bar and see if there is any help with legal aid or help lines with attorneys for free advice that can help you hurry this up. If this is a traffic court matter, sometimes the traditional rules of civil court may not apply. Consider talking to an attorney about traffic court matters and see if you can simply file a motion in state supreme court to force a declaratory ruling or file a separate motion requesting the matter be transferred to another judge or court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption