How do I handle the appellate court’s refusal to rule on a motion?
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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 13 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.
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