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Appeal Due Tommorrow- Need Help


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Hi, I did not want to start a new topic, but I am in a time crunch and need some advice.

 

I spent all day at the library and got my appeal form done.--Due tommorrow.

My questions are these:

 

In the section where it  asks"In addition to the items noted above, I request the following documents also be included in the appeal record."

 

The above docs are written motions and responses, Exhibits, The transcript of the trial. My trial was more than 2 hours so I have to pay to have it transcribed. SWEET!!

 

Here are the things wrong with my trial.  Part XI 144(e) Trial must be held within 10 months of filing a complaint.  Mine was after.

 

XIRule 132(B) Plaintiff did not show up for the trial  and instead of dismissing the PRO TEM said she would have the court set a new date.

 

Rule 91(e) Matters  must be decided by the judge within 60 days.  He made a judgement more than 90 days after trial and gave no reason for the judgement.

 

So do I need a motion under Rule54 (B)(ii) To ask the judge to specify the judgement and the statute, rule, or other grounds entitling the movant to the award.

 

And finally, Can I ask the judge to stay the judgement pending the disposition of a motion (NEW TRIAL) rULE 62(B) (3).

 

i HOPE i AM on the right track with all this. I'm torn between asking for a new trial and Rule 59(l) and Rule 60 (B) 1 Relief from a judgement or order  due to a mistake, inadvertant, surprise or neglect.

 

Thanks in advance for any help.

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Here are the things wrong with my trial.  Part XI 144(e) Justice Court Rule Trial must be held within 10 months of filing a complaint.  Mine was after. How far after? Additionally, the rule states the court may dismiss, not must dismiss.

 

XIRule 132( B)Justice Court Rule Plaintiff did not show up for the trial  and instead of dismissing the PRO TEM said she would have the court set a new date. Again, failure to appear may result in dismissal.

 

Rule 91(e) Superior Court Rule  Matters  must be decided by the judge within 60 days.  He made a judgement more than 90 days after trial and gave no reason for the judgement.  You're not in Superior Court, are you?

 

So do I need a motion under Rule54 ( B)(ii) Federal Rules To ask the judge to specify the judgement and the statute, rule, or other grounds entitling the movant to the award. Why are you referring to the Federal Rules now?

 

And finally, Can I ask the judge to stay the judgement pending the disposition of a motion (NEW TRIAL) rULE 62( B) (3). Superior Court Rule. Yes, under the right circumstances, but you may have to provide a bond.

 

i HOPE i AM on the right track with all this. I'm torn between asking for a new trial and Rule 59(l) and Rule 60 ( B) 1 Relief from a judgement or order  due to a mistake, inadvertant, surprise or neglect. Superior Court Rules. What is the error? That will determine which rule you move under.

 

 

Forgive me if you've stated this somewhere else but, what court are you in anyway? You've got to cite the right rules. Your post is a bit confusing in general. You're either (1) appealing, or (2) filing a post judgment motion for relief. One is not the other. If you are in fact appealing, you are not limited to the criteria in Rules 59 and 60. On the other hand, a rule 59 or 60 motion is not an appeal.

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I am in Justice court appealing to Superior court. Trial was held 21 days after the ten months and what I am citing is from Arizona Rules of court.  In Jan 2013 they changed most of the lower court rules to be more like the superior court rules and abrogated some to fed court. This was because of Justice 2020, to make it easier for the pro se litigant (SURE????)

 

So I will file my appeal forms today and I have 14 days to work on different motion

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So in Justice court they can take as much time as they want to decide?? 92 days here. And he stopped the trial halfway through and would not let me make any motions or objections at all after my opening statement.

We both had a week to put in a memorandum of case law. Then he said he would rule (3 months later) with no reason whatsoever.

 

Should I file a motion for a definitive answer as to how he ruled. Won't I need this on appeal??

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Just got back from court. You have to file your appeal in the same court where you had the trial (justice court) I also filed a motion to clarify the judgement.  So call and get my CD transcribed and start working on my memorandum. I  put on the appeal form to include any post trial motion I may file in the next 14 days. Felt like home being back at court. I could tell the clerk had missed me!!

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