Bi Rite Auto Transport, Inc., et al. v. Russell Dilday, et al.
DueProcess JusticiabilityDoctri
Is California's procedural due process satisfactory?
QUESTIONS PRESENTED 1. Is California’s scheme of procedural due process in its Code of Civil Procedure and Civil Rules of Court satisfactory of constitutionally protected due process rights secured by the XIV Amendment? 2. Does the XIV Amendment require, as a minimum, that California courts adhere to State procedural requirements for disposition of civil cases? 3. Where the right to appeal a civil judgment is granted by a state court’s settled procedure, does federal due process prohibit denying a litigant that right on grounds not authorized by the state statute? 4. Is it a violation of federal due process requirements for a state appeal court to deny substantial consideration of the appeal when it is presented in accordance with the rules and laws of the forum state?