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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117368
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband filed civil case asgainst his former attorney for

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My husband filed civil case asgainst his former attorney for not mitgating the circumstances of his case that got him a felony conviction and imprisonment. His appeal for that case will be filed next month by his legal aid attorney. His legal attorney said that regardless of how the case turns out he can apply for PCR conviction and would probably win because there is good evidence his former attorney did not migate his case as stated. My husband is suppose to have a certificate of merit on July 29th but wants to file a motion to postpone that until the appeal case is heard and decided. How do we do this?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Your husband would file a Motion for an Extension to file Certificate of Merit. In the motion you would explain that the reason for the extension is the pendency of the appeal and you cannot get a certificate of merit until the appeals court decides the case as the certificate of merit rests on that decision.

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Customer: replied 4 years ago.

Hi, my husband told me that he did intially file a extension the first time, sorry did not know that but at the time the appeals case was not filed. They did give him an extenstion which is for July 29th. But now that his appeal is being filed next month can he file for another extentsion. If not and he has to get the cert of merit, he has no money at this time, do you know of any free legal services that can do this? We live in the state of NJ. Thank you for you initial answer.

Thank you for your response.

He would have to file another extension for the same reason, pending the court of appeals. The court knows that the certificate cannot be written unless there is a decision from the appeals court, so this is good cause.
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