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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Can i refuse a court order by reserving my right of that

Customer Question

Can i refuse a court order by reserving my right of that precedure and refusing to accept there offer..Neutral Consent????...i have been summoned and i believe it to be unconstitutional and i have a right of refusal and right to not accept the courts off..
Submitted: 1 month ago.
Category: Legal
Expert:  CalAttorney2 replied 1 month ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 1 month ago.

Dear Customer,

A court order is not an "offer" - and you do not have an opportunity to "accept" it. Refusing to comply with a court order can result in sanctions (if this is a civil matter it will usually be money sanctions, so the court will fine you, if it continues it may even result in jail time (it can also take on other forms, such as procedural sanctions, etc.); if this is a criminal matter, it almost always results in jail time, but it can also be financial sanctions (again a fine), or procedural sanctions).

Your procedural mechanism to dispute a court order is to file a "motion for reconsideration" (a motion filed with the same court), or a "writ" (a special type of appellate procedure - filed with the appellate court, I highly recommend retaining an appellate attorney if you plan on filing a writ, if you do not have the resources for retaining a lawyer, visit your local law library and look for an appellate "practice guide" as this will have information on the procedure).

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