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Authored by: Anonymous on Friday, October 05 2012 @ 03:24 PM EDT |
The general rule is a judge can't give you anything you don't ask for. So you
always ask for everything.
Usually the judge will not even consider anything you don't explicitly argue for
in your brief. But once in awhile, a judge is just looking for an excuse to
rule in your favor. So you always give the judge the excuse. Most motions I've
seen always end with, "and anything else the court sees fit to grant."
It's a just in case thing.
I recall reading about one of the copyright mafiaa going after a bunch of John
Doe's. It may have even been Right Haven. The judge didn't want to grant any
of the motions, but no one bothered to object, so he didn't have a choice.
Finally one of the defendants sent in something like "I object"
written on the back of a napkin. The judge decided that it was a motion to
dismiss with prejudice and did so, even placing sanctions on the plaintiffs. In
this case, the judge was just looking for a little leeway. Perhaps someone
remembers a link to the real story.
So the moral is always ask for everything, just in case the judge has already
decided you deserve it.[ Reply to This | Parent | # ]
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Authored by: nsomos on Friday, October 05 2012 @ 05:59 PM EDT |
Parent asks
"what does it mean to fail to preserve an issue for appeal? "
My IANAL understanding is that timely objections given during
proceedings are the way that issues are preserved for appeal.
If timely objections are NOT given, then one cannot later
hope to appeal those things which had not been objected to.
Of course you could always try it, but I suspect courts
would reject appeals on those issues which had not been
previously objected to.[ Reply to This | Parent | # ]
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Authored by: Anonymous on Friday, October 05 2012 @ 09:37 PM EDT |
Keep in mind that the only things we are seeing here are just notices. They only
mean "Please be advised. We are appealing." It's just a formality. The
actual appeals are filed with the appeals court.[ Reply to This | Parent | # ]
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