Is there a requirement in the civil appeal world of juvenile cases that a motion for new trial be "presented" within 10 days of filing like there is in the criminal world?
The Leg just added TFC 56.01(b-2) to make TRAP 21 apply to juvenile appeals. The presentment requirement is in TRAP 21.6.
This should end the debate about what kinds of complaints have to be preserved via a motion for new trial -- i.e., the requirements of TRCP 324(b) do not not apply. But it should also impose the presentment requirement of criminal cases onto juvenile appeals.
Sorry, I didn't see that this was also discussed in a duplicate thread in the juvenile section.
I posted a further question on the juvenile board but haven't gotten any takers yet. Does anyone know of caselaw that discusses the Family Code 56.01g and whether a juvenile must submit to probation while an appeal is pending. If so, what happens with a modification...and what if probation gets terminated early? And then my final question would be..what if the appeal was granted, and the case had to be retried? The juvenile would have to submit to probation twice?
I have looked like crazy and cannot find caselaw discussing this!
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