Candace Conti v. Watchtower | March 11, 2013 | Watchtower Society Appeal Dismissed For Failure To File Opening Brief

by jwleaks 46 Replies latest watchtower child-abuse

  • Newly Enlightened
    Newly Enlightened

    They're waiting for a miracle that will deliver them from satan's evil system.

  • Violia
    Violia

    They probably believe God will go with them to court -He won't allow His org to be hurt like this. This is childish magical thinking. No matter how this ends up they will use it to shore up the believers.

  • david_10
    david_10

    Due date is 26th. I wouldn't pop the corks yet.


    I totally agree.

    It is my opinion that the Watchtower Society is the wiliest cat in the jungle---------------they know what they're doing. Does it make any sense that the Society would blow a pivotal precedent-setting court case just because someone forgot to set their alarm clock and show up on time? It doesn't to me.

    This is not just about Candace Conti now..................this is about all the countless cases waiting in the wings to see how this turns out. So they've got something up their sleeve. I don't know what it is, but they know how the legal system works and they are very proficient at using it to their advantage.

    Don't be popping corks just yet.

    David

  • BlindersOff1
    BlindersOff1

    ATTENTION ..................I just found out . They filed invisibly .

  • frankiespeakin
    frankiespeakin

    http://www.courts.ca.gov/12422.htm

    Once the appellate court files the record on appeal, you will have to prepare your brief.

    A "brief" is a party's written description of the facts in the case, the law that applies, and the party's argument about the issues on appeal.

    The briefs are the single most important part of the appellate process. The record on appeal (the clerk's and reporter's transcripts or other form of the record) provides the court with a picture of what occurred in the trial court. But it is the arguments in the briefs that tell whether or not there was a legal error in those proceedings and whether it changed the outcome of the case. The best briefs contain your entire argument, guiding the appellate court through the case and using the record and legal authority to justify your points. Because of the specialized knowledge necessary for writing a good brief, the briefs are also by far the most difficult part of the appellate process.

    In most appeals, there are 3 possible briefs:

    1. The appellant's opening brief

    The appellant's opening brief is the first brief from the appellant (the person who is appealing). It must clearly explain, using references to the clerk's transcript and the reporter's transcript (or the other forms of the record that you are using), what the appellant claims were the legal errors made by the trial court.

    This brief also tells how those legal errors hurt the appellant and what the appellant wants the Court of Appeal or appellate division to do. Remember that an appeal is not a new trial; the appellate court will not consider new evidence, such as the testimony of new witnesses or new exhibits, so you should not try to include any new evidence in your brief.

    The appellant's opening brief is mandatory:

    • For cases in the appellate division of the superior court (limited civil cases), the appellant's opening brief is due within 30 days after the record on appeal is filed in the appellate division. The superior court clerk will send you the deadlines for serving and filing your brief.
    • For cases in the Court of Appeal (unlimited civil cases), the appellant's opening brief is due 40 days after the Court of Appeal notifies the appellant that the clerk's and reporter's transcripts (or other forms of the record that you are using) have been filed in the Court of Appeal. If the appellant prepares his or her own appendix and does not request a reporter's transcript, the appellant's opening brief and appendix are due 70 days from the date appellant filed the election to use an appendix in the superior court.

    If the appellant does not file his or her opening brief by the deadline set by the court, the court may dismiss the appeal.

    2. The respondent's brief

    The respondent's brief is the other side's chance to respond to the appellant's opening brief. It must address the facts and legal issues raised in the appellant's opening brief and explain why the trial court's decision should not be overturned. The brief may bring up some issues that the appellant's opening brief did not.

    The respondent is not required to file a brief. But if the respondent chooses not to file a brief, the court can decide the appeal on the record, the appellant's opening brief, and any oral argument by the appellant, so the respondent will lose the chance to make his or her argument about the issues in the case.

    The respondent's brief is due 30 days after the appellant's opening brief is served and filed.

    Extending time to file the brief

    In the appellate division of the superior court, you may file an application asking the appellate division for more time to file your brief (see California Rules of Court, rules 8.806 and 8.810).

    In the Court of Appeal, you and the other parties can agree to up to a maximum of 60 days in extensions to file your brief. If you need more time or if you are unable to get the other side to agree to an extension, you may file an application for extension of time with the Court of Appeal (see California Rules of Court, rule 8.212(b)). You can use the Application for Extension of Time to File Brief (Civil Case) (Form APP-006).

    If the brief is late or not filed at all

    If the appellant's opening brief or a respondent's brief is late, the appellate court clerk will send a notice that gives the party 15 more days to file the brief.

    If the appellant's opening brief is not filed within this 15-day grace period allowed under the rule, the appeal may be dismissed. If the respondent's brief is not filed within the 15-day grace period, the court may decide the case on the appellant's opening brief, the record, and any oral argument by the appellant.

    A party can apply for an extension of time to file a brief for good cause if they ask for the extension within the 15-day grace period. If the appellant's opening brief is not filed during this extension, the court may dismiss the appeal.

  • Quendi
    Quendi

    The WTS will not go quietly into that good night. I have no doubt they will fight this all the way to SCOTUS if necessary. As Yogi Bera once said, “It ain’t over ’til it’s over.”

    Quendi

  • JHK
    JHK
  • frankiespeakin
    frankiespeakin

    JHK,

    Does this mean we might see some COs, DOs, and Governing Body members become Jailbirds?

    Clickable:

    http://heraldbulletin.com/breakingnews/x1254881066/Priests-conviction-is-a-first-will-more-follow

    Associated Press Sun Jun 24, 2012, 08:30 AM EDT

    NEW YORK — A decade after the clergy sex-abuse crisis erupted, the first Roman Catholic church official has been criminally convicted for failing to alert parishes or police about known predators.

    Advocates for children said the verdict Friday against Monsignor William Lynn sends a critical message that diocesan officials who supervise priests must report offenders or face prosecution.

    http://articles.latimes.com/2013/jan/07/local/la-me-church-files-20130108

    Judge orders archdiocese to restore names in abuse files

    The public's right to know how the church handled molestation allegations outweighs officials' privacy rights, court rules.

  • frankiespeakin
    frankiespeakin

    If failing to alert parishes can cause criminal convictions for those responcible, this might cause the WT to relinquish records to the courts and face conviction of those responcible. This could lead to a big internal fight with DO's CO's Elders, and Governing Body as each one trys to pass the buck. Should prove to be very interesting.

  • frankiespeakin
    frankiespeakin

    I don't think Jesus and Jehovah are going to be very happy this Memorial Celibration hosted by the Faithful and Discrete Slave/Governing Body this year, and no telling what the Memorial for 2014 is going to bring to light more "bad news" instead of the "Good News" of the kingdom .

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