Thursday, 3 April 2014

how long do i have to file an appeal after a romero hearing?

Question

how long do i have to file an appeal after a romero hearing?



Answer

That depends on when the court denied the Romero motion.

If judgment had not yet been entered, the Romero ruling is not directly appealable. You would instead have to wait until judgment has been entered, and then appeal the judgment. You could challenge the ruling as part (or even all) of that appeal.

If the Romero ruling was entered after the judgment, then it is directly appealable. The notice of appeal would have to be filed within 60 days from the date of the order.

There are some wrinkles to these rules. They don't come up often, but perhaps one or more of them applies in your case. My answer is about the law generally and is not specifically about your case, since I don't know enough about the case to be that specific. Do not assume that the general answer applies here. You should discuss your situation in more detail with a qualified attorney -- preferably one who specializes in appeals -- ASAP.

You're welcome to contact me if you like; I'm a certified appellate specialist (per the State Bar's Board of Legal Specialization) with over 20 years of experience in the field.



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