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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39136
Experience:  Retired (mostly)
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I am pro se in the 9th district court of appeals in a civil

Customer Question

I am pro se in the 9th district court of appeals in a civil matter. I filed my brief. The government answered it. Their answer did not address the 5 points I used for my brief.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: sorry didn't complete my question. I am in Calif. The government did not answer the 5 points in my brief but instead used s cross complaint I did not address. Isn't there a 14 day notice required if the government wanted to file/use s cross complaint?
JA: Has anything been filed or reported?
Customer: I filed my brief. The government answered with their own argument (nothing I addressed). I am responding to their argument which I have 14 days. It seems to me the government would have to file a cross complaint if they were going to argue something different that what I argued which I believe requires a 14 day notice that they are filing their own arguement. I am looking in the the9th district rules but having trouble finding it?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Legal
Expert:  socrateaser replied 1 month ago.

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I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

I believe you mean "cross-appeal," rather than "cross-complaint."

One party's timely notice of appeal may extend the appeal deadline for any other party to the action: “If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice of appeal was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later.” FRAP 4(a)(3).

Thus, e.g., if one party files a notice of appeal on the 30th day (the last possible day of the appeal deadline), all other parties have 14 more days to appeal … even though they otherwise would have confronted a jurisdictional bar to review had there not been a timely first notice of appeal! Conversely, if the first party's appeal is filed in the first week of the 30-day deadline, other parties must file their notice of appeal within the original 30-day period; the 14-day deadline does not come into play because the 30-day period expires last.

I'm not sure if I've answered your question, because I'm unclear on the precise terminology. I assume you filed an opening brief, and the government, instead of filing an answer brief, filed a notice of cross-appeal. If so, then my answer above is correct -- but, it may not entirely apply to your circumstances. Feel free to clarify and I'll try to help you understand the procedure.

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Expert:  socrateaser replied 1 month ago.

Hello again,

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