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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37454
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I did a motion before the decree was signed . Now the decree

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I did a motion before the decree was signed . Now the decree is signed ( I proposed my own wich naturally was denied).Today the court secretary told me to file another motion because the one I filed was not in time fashionable and before the decree was signed even tough the judgment was filed previously . She told me that I can do the motion first and after the motion is either granted or deny I have 30 days from that day to file for the notice of the appeal. My question is .. is it true what she told me?. Can I file the motion and the notice of appeal the same day to be in the safe side even though there is a motion of reconsideration out there but presented before the decree?. Is also truth that the effectiviness of the decree takes after 30 days of the motion? and the effective decree of divorce will take effect only when the appellate would close the case in this case even after a year or more? if it so with one is more convinient to present right away both or just the appeal since my case has been orchestrated with muddy procedure and biased behaviour from court. They have done a lot unjustice to me and right now im presenting pro se . they have already drained me financially over 40 . I have no choice that why i'm asking for advice here.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, an appeal can be file concurrently with a motion for reconsideration. However an appeal cannot be filed before the courts make a decision. In other words if you wish to file a motion for reconsideration and an appeal together, that is fine and permitted, it simply means that if the reconsideration takes place, you could withdraw the appeal. But you cannot file the motion and in advance file the appeal even if you expect the motion to be denied. As for the decree, it takes place based on the court order--some decrees take place immediately, some take 30 days. For example most collection claims take place 30 days after the judgment because of the appeal, but emergency custodial orders take place immediately after being granted. The effective decree of divorce will take place once the motion of reconsideration is decided, it will be active even if you choose to appeal--an appeal will not somehow block or stop this appeal from going forward. I am not sure who told you that information, but that is simply not accurate.

Hope that helps.

Customer: replied 1 year ago.

Sorry I didn't understand . i will rephrase the question . I did a motion before the decree was signed and it was a motion for reconsideration .The court lady told me today in order to be in timely fashion has to be done after the decree and advise me to present another motion of reconsideration or new hearing or alter and amend based on the decree that now is signed. My question is what is going to happen if I present a second motion pretty much the same of the first that has not been either denied or accepted . and the only reason I would do that is because she said would be valid the motion after the decree if for any reason I want to file for an appeal. and how long do I have to file a notice of appeal after a motion of reconsideration and when those it start the day of the decree has been signed or when the motion of reconsideration has been denied or accepted ? I apologize for my error in grammar

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Serena.

The lady you spoke with is correct and I believe I stated the same. My apologies if it was not unclear. You cannot file a motion to reconsider something that hasn't yet been considered or signed--it is not yet 'ripe' to be a viable cause.

Now if you present a second motion AFTER the decree was signed, it would be accepted since you now filed it in the proper time and place for this claim. There is no requirement that the judge will grant the motion, but it will not be dismissed out of hand.

You have 30 days after a decree is signed to file an appeal--that is independent of your motion for reconsideration, so if that motion takes longer, you may lose out on an appeal. It is wiser to wait until that motion is returned but you might have to file an appeal faster and then amend it with the motion of reconsideration if it ends up going against you.

Hope that clarifies.

Customer: replied 1 year ago.

last question .my ten days ends tomorrow to apply for a fashionable time motion of reconsideration and the judge has taken his time to consider the previous reconsideration motion the one before the decree and has been already over 45 days. I feel he is doing it on purpose for giving me problem to apply for appeal in time since it took over a month to sign the decree. How can I wait for the answer of the old motion (the one before the decree was signed )if my 10 days to present another motion of reconsideration in the time fashionable after the decree has being signed it will be due tomorrow . I hope i m being in clear and the state is hawaii

Expert:  Dimitry K., Esq. replied 1 year ago.

Serena,

You are perfectly clear, and I assumed that the judge may attempt to take his time, rightly or wrongly, and not give you an answer right away.

You do not wait for him to rule on the initial motion, you file a new motion for reconsideration and may want to potentially file a motion to withdraw the other, earlier, motion so that there is no confusion as to which motion to focus then. Then, regardless of outcome, file for an appeal within 30 days (if no answer is forthcoming). You can later file an amendment to your appeal and add the motion of reconsideration findings to the appeal also.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37454
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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