Does a notice of intention to move for a new trial need to be signed by an attorney of record?

California, United States of America


The following excerpt is from Goetz v. Superior Court In and For Los Angeles County, 314 P.2d 479 (Cal. App. 1957):

We do not question the general rule that notice of some action sought to be taken in a judicial proceeding such as notices of motion, notices of intention to move for new trial, notices of appeal and similar notices must be signed by the attorney of record for the party giving such notice. However, a notice, the purpose of which is to convey information of some action already taken by the court, appears to be of a different character, and we see no inherent reason why such a notice must be signed by an attorney. 'The term 'notice' of itself imports that the information given thereby comes from an authentic source, and is to be directed to some one who is to act or refrain from acting in consequence of the information contained in the notice' (Williams v. Bergin, 108 Cal. 166, 171, 41 P. 287, 288). We conclude that

Page 482

Other Questions


Can a notice of motion for a new trial be signed by an attorney not of record? (California, United States of America)
What are the findings of the trial court on a motion for a new trial where a jury was not adversely affected by an audio recording that was secretly recorded during jury deliberations? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
If appellant had valid grounds to criticize his trial attorney's actions with respect to the Miranda issue, would he have been able to argue that the trial attorney was constitutionally ineffective? (California, United States of America)
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
Is there any case law where a defendant's trial counsel was incompetent for not arguing at trial that the prosecutor's decision to seek the death penalty was based on a lack of guidelines in the district attorney's office? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.