Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2008
    Posts
    10

    Default New York, Federal, Pro Se, Appeal or New Trial?

    My question involves court procedures for the state of: New York

    Due to financial constraints, I'll be filing pro se.

    We, the Plaintiffs, sued the defendants and they countersued us. They are a subsidiary of a major corporation, had the case removed to federal court with a bench trial. The Judge found in favor of the Defendants.

    It's my understanding that we have 10 days to file for a new trial. How do I do this? The pro se office is very vague and I'm not finding any specifics on it or what would constitute grounds for a new trial. Any hints?

    Also, when does the clock start? I was told I had 10 days from the date the judgment was entered onto the docket (or something to that effect). Is that right?

    And, I have 30 days to file an appeal?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: New York, Federal, Pro Se, Appeal or New Trial?

    It's my understanding that we have 10 days to file for a new trial. How do I do this? The pro se office is very vague and I'm not finding any specifics on it or what would constitute grounds for a new trial. Any hints?
    You need to check the Federal rules of civil procedure and or the Local rules of court for exact info on a timeline.


    There is basically no difference in moving the court for a new trial whether it is civil or criminal?

    What "assignments of error" can you point out?? Did the court admit evidence you feel was improper and can you cite any case law from the FRD (Federal Rules decisions) or other source?

    Try to research Motion for new trial or such online, make sure it is a federal civil case, and see what you can come up with.

  3. #3
    Join Date
    Sep 2008
    Posts
    10

    Default Re: New York, Federal, Pro Se, Appeal or New Trial?

    "case law from the FRD (Federal Rules decisions) or other source"

    Is there somewhere I can research this? Some online site or library?

  4. #4

    Default Re: New York, Federal, Pro Se, Appeal or New Trial?

    Check the court's website, the rules should be posted there. You will needs grounds for either. Contact the clerk and get a trial transcript. Then you will need to spend a day or two doing research. The clerk may know of a similar case and you can get her to print you out a copy of that case for a small fee.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: New York, Federal, Pro Se, Appeal or New Trial?

    Quote Quoting mlts7823644
    View Post
    "case law from the FRD (Federal Rules decisions) or other source"

    Is there somewhere I can research this? Some online site or library?

    A law library of a law school of a nearby College/University has the FRD.

    As an example, say you claim X audio tape was admitted outside the scope of the Rules of evidence, then attempt to find a case which supports that.

    1. Sponsored Links
       

Similar Threads

  1. Appeals: Deadline for Appeal of a BCA Decision to the Federal Court of Appeals
    By Federal in forum Civil Procedure
    Replies: 1
    Last Post: 07-27-2010, 11:31 PM
  2. Appeals: How to Appeal a Federal Civil Jury Decision
    By Confused Jury in forum Civil Procedure
    Replies: 2
    Last Post: 03-25-2010, 06:33 PM
  3. Appeals: Motion for New Trial vs Appeal
    By lyndadel in forum Civil Procedure
    Replies: 1
    Last Post: 10-07-2009, 05:58 PM
  4. Post-Conviction Relief: Re-Trial and Appeal
    By Shaylyn524 in forum Criminal Procedure
    Replies: 2
    Last Post: 07-08-2009, 11:36 AM
  5. Appeals: Trial Procedures and Appeal
    By landen in forum Traffic Court
    Replies: 3
    Last Post: 10-12-2008, 01:21 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document