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I have a California State Appeal oral argument being heard…

I have a California State...
I have a California State Appeal oral argument being heard this Wednesday, as a Plaintiff in Pro Per. My case was sustained after Demurrer at a lower court but they accepted my Appeal for consideration. I was not able to complete my Discovery or present any Evidence. Much became available right after "sustainment of demurrer".Can a nonparty to the case, on his own free will come forward to the Appellate Court to bring some critical information before the judge during oral argument - this information was not available before "demurrer sustainment" and therefore could not be stated in the Appeal. What would this action be called and how does one address it to the judge during oral argument?
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Answered in 27 minutes by:
12/15/2017
socrateaser
socrateaser, Attorney
Category: Personal Injury Law
Satisfied Customers: 40,058
Experience: Retired
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Hello,

A nonparty is accorded no rights before a court of appeals -- except where the nonparty is represented by an attorney and is accorded permission to file an amicus (friend of the court) brief.

A party can request that the appellate court consider new evidence on motion -- but such motions are granted only in the most exceptional cases. Examples:

  • Supply a missing factual determination that is necessary for affirmance (Guardianship of Marino (1973) 30 CA3d 952, 961, 106 CR 655, 661; see Golden West Baseball Co. v. City of Anaheim (1994) 25 CA4th 11, 42, 31 CR2d 378, 399—“ideal occasion” to apply § 909 where litigation expenses have already run into millions of dollars and remand for further trial court findings “would undoubtedly foster another appeal”);
  • Correct a clerical error in the superior court's factual determinations (Green v. Antoine (1955) 133 CA2d 269, 276, 284 P2d 76, 81); or
  • Establish the occurrence of an event rendering the appeal moot (Long v. Hultberg (1972) 27 CA3d 606, 608, 103 CR 19, 20).

Hope this helps. Thanks for using Justanswer!

socrateaser
socrateaser, Attorney
Category: Personal Injury Law
Satisfied Customers: 40,058
Experience: Retired
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