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BumRushDaShow

(130,177 posts)
Thu May 2, 2024, 06:43 PM May 2

Trump ordered to move ahead with his appeal of Carroll defamation verdict

Source: Law & Crime

May 2nd, 2024, 10:48 am


Donald Trump has been given 14 days to start filing the necessary paperwork to appeal the $88.3 million defeat he was handed in the E. Jean Carroll defamation case, according to a filing from a clerk in the U.S. Court of Appeals Second Circuit.

The 1-page order notes that the former president must submit his request for transcripts as well as his pre-argument statement on appeal.

“On March 14, 2024, the Court issued a notice pursuant to Federal Rule of Appellate Procedure 4(a)(4), staying this appeal due to pending motions in the district court,” the order says. “The district court having denied the motions in an order dated April 25, 2024, IT IS ORDERED that the stay of this appeal is hereby lifted.”

As Law&Crime previously reported, Senior U.S. District Judge Lewis Kaplan in New York on April 25 rejected Trump’s request for a new trial. Kaplan shredded Trump’s request saying his legal arguments were utterly “without merit.” The judge also highlighted the bald show of “hatred” and “disdain” toward the writer that Trump put on “full display” during the contentious trial to determine damages.

Read more: https://lawandcrime.com/high-profile/trump-ordered-to-move-ahead-with-his-appeal-of-carroll-defamation-verdict/



Link to ORDER (PDF viewer) - https://www.documentcloud.org/documents/24630588-trump-carroll-stay-of-appeal-lifted

Link to ORDER (PDF) - https://s3.documentcloud.org/documents/24630588/trump-carroll-stay-of-appeal-lifted.pdf
11 replies = new reply since forum marked as read
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orleans

(34,108 posts)
4. omg! just make him pay the fuck up and be done with this! who the hell else would be
Thu May 2, 2024, 09:30 PM
May 2

skating away on thin ice with this bullshit?

my god! wtf!

littlemissmartypants

(22,899 posts)
5. I don't understand this. Could someone please explain it to me?
Thu May 2, 2024, 09:33 PM
May 2

What were the pending motions? Why did they affect his appeal right? ❤️

littlemissmartypants

(22,899 posts)
8. Ohhhh! I wasn't aware that he was asking for an entirely new trial.
Fri May 3, 2024, 01:34 AM
May 3

I just thought it was an appeal. His lawyers should have that paperwork at the ready. But honestly I hope they don't, they milk him for every stinking nickel and he misses the deadline.

He keeps spending money on legal counsel like there's no tomorrow. Surely he doesn't have an endless supply.

Everything has limits. I believe that his lawyer supply will eventually be revealed to be just as finite as his money supply.

Everything has a tipping point. That's a universal phenomenon rarely ever escaped. I just wish we'd get to that point soon where he and his resources are concerned.

Thanks so much for your reply, ZonkerHarris.
❤️

ZonkerHarris

(24,325 posts)
11. The suckers and fools are paying his lawyers, not trumpy. All donated money from his cult.
Fri May 3, 2024, 11:38 AM
May 3

Until they stop giving him money he will keep paying lawyers as much as possible to keep him out of jail

onenote

(42,885 posts)
9. Standard operating procedure as provided under the federal rules
Fri May 3, 2024, 10:01 AM
May 3

This order would be and is issued automatically in any case that is in the procedural posture of the Carroll case. Specifically, once the judgment against Trump was handed down on February 8, Trump had 30 days to file a notice of appeal. He did so in a timely fashion. He also timely filed a motion for a new trial under FRCivPro Rule 59, the effect of which under FRAppPro Rule 4 is to automatically stay the timetable for the appeal until after the motion is decided. District Court Judge Kaplan did not issue an order denying the motion for a new trial until April 25. It then fell back to the appeals court to lift the stay on the appeals and reinstate the timeline for filing certain appeals-related material.

In other words, the order issued by the Appeals Court is a purely ministerial act lifting the stay and reinstating the timeline. These procedures are available to, and used by defendants in federal civil litigation all the time.

The two forms he has 14 days to file can be viewed here:

Form C: https://ww3.ca2.uscourts.gov/clerk/case_filing/forms/pdf/Form_C_rev_12-16.pdf
Form D: https://ww3.ca2.uscourts.gov/clerk/case_filing/forms/pdf/Form_D%20Counseled_June2017.pdf

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