Friday, March 20, 2009

Filed for rehearing

I just filed a petition for rehearing with the California appellate court. It seems that every time I file something, the clerk has to go ask a supervisor as to whether my filing is acceptable. The way I read the rules, I had 15 days from the decision to file, and I only needed to serve 5 copies on the appellate court and 1 copy on the other party. But the clerk said that today (the 14th day) was the last day, and I also had to serve copies on the state supreme court and the superior court. Fortunately, the state supreme court now accepts service online, so I did that.

In a motion for rehearing, I did not try to repeat any arguments that had already been briefed and rejected. I just listed the factual and legal errors in the appellate opinion. That took 18 pages!

My motion will probably be ignored, and the appellate decision will become final in two more weeks. If the court is at all interested in correcting its own brief, it will ask my ex-wife to submit a response. The court would then have to do something quickly, as it loses jurisdiction after its decision becomes final 30 days after issuance.

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