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Each court may be different, so make sure you ask your superior court (if appealing a limited case) or your Court of Appeal (if appealing an unlimited civil case) if any programs like this are available. If you have filed your notice of appeal, the Court of Appeal or superior court appellate division may have a mediation or settlement program that can help you explore settlement. You may be able to reach an agreement about resolving your dispute with the other side instead of going through the appeal process. The court upon its own motion or the motion of a respondent may dismiss a criminal appeal pursuant to C PL 470.60.
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Settlement or mediationĮither before or after you appeal, consider settlement or mediation. Your court's self-help center may be able to help you or you can talk to a lawyer for advice. The law allowing a judge to grant a new trial is based on California Code of Civil Procedure section 657. An irregularity in the case that prevented one of the parties from having a fair trial.An irregularity with the jury, a party, or a lawyer in the case.There are a number of reasons why someone can ask for a new trial, such as: For more information, see California Code of Civil Procedure section 1008(b).Ī motion for a new trial asks the trial court to reexamine 1 or more issues of fact or law after a trial and decision by the judge or jury. The application must also include an affidavit with information on the original order and the new facts, circumstances, or law. This request must be based on new facts, circumstances, or law. This is when the same party who made a motion (a request for an order) that was refused (the entire motion or just part) asks a judge (same or different) to grant the order. For more information, see California Code of Civil Procedure section 1008(a). The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law.
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Under section 2-1301(e), a litigant can move to vacate a non-final order or judgment at any time before that order or judgment becomes final. You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. Motions to Vacate Pursuant to Section 2-1301 Section 2-1301(e) provides litigants with the option to bring a motion to vacate a non-final or final order during the course of litigation. This is when a party that is affected by a trial court's order asks the same court to reconsider the order, based on new facts, circumstances, or law. Your court's Self-Help Center may be able to help you or you can talk to a lawyer for advice. There are different laws that apply in different cases, and usually you have to meet very specific requirements to be able to file a motion to set aside or to vacate. This is when a party that is affected by a trial court's judgment or order asks the same court to cancel the judgment or order that was made. Motion to vacate or set aside the judgment These are some of the more common options: (b) If you wish to proceed with a hearing after you received a fully favorable revised determination under the prehearing case review process in § 404.941, you must follow the procedures in § 404.941(d) to request that an administrative law judge vacate his or her order dismissing your request for a hearing.Depending on the circumstances in your case, you may be able to file a motion asking the court to change, fix, or cancel the judgment against you. If the Appeals Council decides to vacate a dismissal on its own motion, it will do so within 60 days of the date we mail the notice of dismissal and will inform you in writing that it vacated the dismissal. The Appeals Council may also vacate a dismissal of a request for a hearing on its own motion. The administrative law judge or Appeals Council will inform you in writing of the action taken on your request. If you or another party wish to make this request, you must do so within 60 days of the date you receive notice of the dismissal, and you must state why our dismissal of your request for a hearing was erroneous. (a) Except as provided in paragraph (b) of this section, an administrative law judge or the Appeals Council may vacate a dismissal of a request for a hearing if you request that we vacate the dismissal. § 404.960. Vacating a dismissal of a request for a hearing before an administrative law judge.