You've helped me before. I filed a motion for a plea withdrawal out of time. The judge denied but allowed me to refile. She said to get the attorney to write a declaration. Before that she asked me if I wanted to ask her anything. I didn't know what to ask. I felt like she was just getting it on the record that she had asked. Is there something I should have asked her?
She was asking you if you wanted to object to her ruling so it would be on the record so you could take an appeal to the court of appeals. If you did not object to her ruling, it is too late now and you need to get the declaration and file your motion again.
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Okay. I did that and refiled. The attorney's declaration is okay. He doesn't admit he was derelict but he does say back up much of what I say without direclty admitting anything. Anyway, if she denies again, is it too late for me to object? Since it's a new hearing, if she denies and I object, then do I tell her why I object? And then can I go to the Appeals Court?
If he denies it again, then you state you object to her ruling for the record and would like to file a notice of appeal, which you would then have to file in writing within 10 days of her ruling and then get your appeal filed.
Okay. Last questio, Does she have to approve the notice of appeal?
No she does not have to approve it, but you would need to file a written notice of appeal with the court.
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