Monday, 14 July 2014

Can I appeal a Statement of Decision or do I need to file a Writ?

Question

Can I appeal a Statement of Decision or do I need to file a Writ?



Answer

Neither. You appeal or take a writ from a judgment or order that aggrieved you, not the judges reasoning for giving it.



Answer

Mr. Roach is right. A statement of decision is not a judgment or order, so it cannot be appealed. It is just an explanation of the reasons for a judgment or order, which is probably appealable in its own right.

Please feel free to contact me if you want to discuss your situation in more detail. I am a certified appellate specialist (per the State Bar's Board of Legal Specialization) with 20 years of relevant experience.



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