How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 1505
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
89910983
Type Your Legal Question Here...
FamilyAttorney is online now
A new question is answered every 9 seconds

Second opinion] WHERE CAN I FIND A LEGAL ARTICLE REGARDING

This answer was rated:

Second opinion] WHERE CAN I FIND A LEGAL ARTICLE REGARDING THATAN APPELLATE COURT MAY TAKE JUDICIAL NOTICE OF" ALL FILED PAPERS " IN THE ACTION?. THIS MAY INCLUDEA RENEWAL MOTION PAPERS WITH THEPAPERS OF AN EXISTING APPEAL .

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

My apologies some of your words are showing up incorrectly. An Appellate Court does not take judicial notice.

Can you explain the situation a little more so I can assist you further?

Customer: replied 4 months ago.
THE CASE OF THE SUPREME COURT IS PRESENTLY ON
APPEAL IN THE APPELLATE COURT. A REQUEST BY MOTION
TO THE APPELLATE COURT FOR A STAY ON THE APPEAL HAS BEEN FILED,
BECAUESE THERE IS A MOTION TO RENEW THE CASE IN THE SUPREME
COURT BASED ON NEW EVIDENCE.
QUESTION: WHERE CAN I FIND AN ARTICLE THAT RELATES TO THE FACT
THAT THERE ARE CASES FOR THE PROPOSITION THAT AN APPELLATE
COURT MAY TAKE JUDICIAL NOTICE OF " ALL FILED PAPERS " IN THE
ACTION. THEREFORE, IN MY CASE, SINCE THERE IS A MOTION TO RENEW
BASED ON CPLR R 2221 ( e ) , the new evidence submitted now with this motion to the supreme court,
should be able to be included as " all filed papers " in the appendix and brief in the
appellate court appeal which is now on hold due to a motion for a stay or for extending
time inorder to perfect the appeal ?

My apologies, your question is not clear to me. I will opt out for an another Attorney to assist you. Thank you for using JA! We appreciate your business.

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

I recognized this as a NY question, and as NY appellate attorney, that's why I am taking this question. I have been working on an appeal till today so this is the first time I am seeing your question. I'm sorry you've had to wait and I'd like to help you.

I found a few things for you. If the motion to renew is denied, you can appeal from the motion to renew and take a separate appeal from that. I don't know if you're aware of that but you might be. I figured I would just let you know that right off the bat. It's different from a motion to reargue which, when denied, is not appealable.

There are times when the App Div can take judicial notice but not necessarily in this situation.

I'll include a couple of articles or summaries of this issue.

An order which either grants or denies an order to renew is appealable.

Here are some sites for you to look at:

https://www.duanemorris.com/articles/article2452.html

http://www.jdbar.com/Articles/Appeal-Introduction/appeal-introduction.html

It's unlikely in your situation that the court will include the new information in the motion to renew and will probably not take judicial notice of it. This is based on case law and rules of appellate procedure.

One of the leading cases is Walker v. City of NY. http://www.courts.state.ny.us/Reporter/3dseries/2007/2007_09671.htm

Yes, it's a First Department case but other departments follow it. I don't know which App Div department you are in but the court will likely follow this.

You can always appeal from the order on the motion to renew.

Does this answer your question or would you like more information?

Customer: replied 4 months ago.
THIS CASE IS IN THE 2 ND DEPT.
A LAWYER ON THE INTERNET SENT ME THE FOLLOWING'
" THERE ARE CASES FOR THE PROPOSITION THAT AN
APPELLATE COURT MAY TAKE JUDICIAL NOTICE OF ALL "" FILED
PAPERS"" IN THE ACTION . E.g. PARKMED CO, V. PRO LIFE
COUNSELING, INC. 91 AD 2d 551, 1T, NEWMAN, N.Y. APPELLATE
PRACTICE , SEC.7.09, RICHARDSON ON EVIDENCE SECS. 2 - 203
2 -204 ( 11TH ed R. FARRELL )
IS HE CORRECT ? CAN YOU EXPLAIN AND GUIDE ME ?

ParkMed doesn't stand for the renewal motion proposition and it has nothing to do with it. It is not pertinent here. Even if it's a First Dept case, it would be important if it had some bearing on a motion to renew but it doesn't from what I read.

Yes, the lawyer is correct when he said the appellate court may take judicial notice of all filed papers in the action -- that means the court file AS IS. It does not mean, however, subsequent actions in the Sup Ct. That means that a motion to renew is not part of the case and can be appealed on its own.

However, and here's the however, if you are arguing the case, and I practice in that court a lot, the court likes to be updated on new developments. There may be a limit as to how much they will listen to on the motion to renew but they can be told that right now there's a motion to renew on new evidence and if they want to hear you they will let you talk about it. If not, they will stop you.

If you're putting in a brief, you can put in a section about an update. There is case law about allowing parties and their lawyers to advise the court of any pertinent updates. It's depends on the judges you get assigned to as to whether they will read anything about a motion to renew and new evidence, but you can put it in your brief.

I can give you cases to cite which say that that's permissible to update the court.

Are you still here? Does this answer your question?

Customer: replied 4 months ago.
KINDLY GIVE ME CASES TO CITE THAT IT IS PERMISSABLE
TO UPDATE THE COURT .

Surely.

Case law shows that it is possible and in many cases desirable to update the appellate court if things have changed since the record was made.

See:

In the Matter of Michael B. [Marvin B.], 80 N.Y.2d 299, 318 (1992)

In the Matter of Londel Chavis C. [Vincent C.], 41 A.D.3d 843, 845 (2d Dep't 2007)

In the Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 1034 (2d Dep't), lv. denied, 14 N.Y.3d 713 (2010)

and

In the Matter of Gatke v. Johnson, 50 A.D.3d 798 (2d Dep't 2008).

There are many more cases but the court just needs a few to know that you are aware you can update the court. Be careful how you word what you want to say-- that there is a motion for renewal, that new evidence came to light and the evidence has to do with ________. I'd be careful not to describe it more than that and then argue the case to see if they will let you discuss it further.

This is above and beyond what I usually do here but I'm happy to share some of the cases I use in my briefs.

I would really appreciate a rating for my assistance and I thank you in advance. The lawyer who told you that the appellate court can take judicial notice of all papers filed in the action is not correct as far as subsequent papers. This is only about papers which are part of the record, not subsequent papers. That's why there's a separate right to appeal an order on a motion to renew.

Thank you for letting me help you today.

Please accept my answer, and please rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated as I ALWAYS strive to give you 5 star service!). This can be found AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated, free of charge.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

If you want to ask for me specifically another time -- for a new question -- ask for "NYFamilyAttorney ONLY" and I will get the question. Otherwise you can come right back into this room for follow-ups, free of charge.

Best of luck to you!

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

Customer/p>
FamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 1505
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
FamilyAttorney and other Legal Specialists are ready to help you

Thanks for rating me. Much appreciated. Good luck with your case.

Customer: replied 3 months ago.
AS I STATED I AM PRO SE IN THE ABOVE CASE, CAN YOU KINDLY LET ME KNOW IF I AM ABLE
TO ***** TO REPRESENT ME FOR THE HEARING IN THE SUPREME COURT CASE
ABOVE, REGARDING THE MOTION TO RENEW ? ON THE MOTION I REQUESTED " ORAL ARGUMENT
REQUESTED." CAN A PRO SE PLAINTIFF HAVE AN OF COUNSEL PART TIME LAWYER REPRESENT
HIM ? OR MUST I KEEP THE ATTORNEY FOR THE REST OF THE LAWSUIT, UNLESS I DISMISS THE
ATTORNEY ?

This is a separate question and not a follow-up but I will answer it. Next time it would be helpful if you post a new question. Thanks.

Your answer has to do with unbundled legal services in NY. It is also called limited scope legal services.

Unbundled legal services, also described as “discrete task representation” or “limited scope legal assistance,” is a practice in which the lawyer and client agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. Simply put, the lawyer performs only the agreed upon tasks, rather than the whole “bundle,” and the client performs the remaining tasks on his or her own.

So yes, you can have someone argue the motion for you, and you can have someone do oral argument for you in the Appellate Division if you put it on the top right corner of the brief's cover page to alert the court who will be arguing the case. If you already put in a brief, you need to write to the Appellate Division's clerk of the court, with a cc: to the calendar department at the App Div, to let them know who will be arguing the case for you.

You need to also have this lawyer, or lawyers, put in notices of appearance for you in whichever court they will be in.

In Supreme Court, the lawyer needs to put in a notice of appearance if that lawyer will be arguing the motion for you. Not all lawyers will want to do limited scope representation, so you may want to do search engine review of limited scope lawyers in NY or whatever county this is in.

Good luck!

Customer: replied 3 months ago.
THIS MOTION TO RENEW IS IN THE SUPREME COURT IN BROOKLYN AT THE END OF AUGUST.
I WOULD LIKE TO GET A LAWYER TO ARGUE THE MOTION.
SINCE YOU MENTIONED BEFORE THAT YOU HAVE APPEARED IN THE APPELLATE COURT IN
THIS AREA, I AM WONDERING IF YOU WOULD POSSIBLY BE AVAILABLE TO ARGUE THIS MOTION,
SINCE I AM VERY SATISFIED WITH THE WAY YOU HAVE ANSWERED MY QUESTIONS.

Thank you, ***** ***** am unable to because I don't represent people from Just Answer other than doing ghostwriting, and I'm also out of state, so I'm not going to be able to do this, I'm sorry.