![]() ![]() You will almost always want to consult with an attorney before trying something like this. These motions can be complicated, and often involve referring to the transcript or electronic recording of the trial. (1) denial of a fair trial (2) misconduct by the other party (3) newly-discovered evidence that makes a difference in the case, and that you couldn’t have known about before now (despite your best efforts) (4) refusal by the judge to admit important evidence offered by you (5) admission of the other party’s evidence that you think the judge should have disallowed or (6) the judge’s decision was not justified by the evidence, or violated state law. ![]() (Yes, the 15 days include weekends and holidays.) The usual reasons for a motion for new trial include: If it was signed, then the 15-day clock begins to run from the day the order was filed with the clerk. If it is not signed at the end (usually in typewritten form), that usually means that the other party’s lawyer was asked to draft a formal order for everyone (including the judge) to approve. Pay close attention to the judge’s minute entry. These motions must be filed within 15 days after the court signs and files its ruling. Second, you can ask the judge for a new trial ( Family Law Rule 83). Such a motion may not even draw a response from your opponent (unless the court orders one), and it does not freeze the deadline for an appeal! Judges often deny these motions out of hand, so you should take care to express your reasons for reconsideration carefully, with dignity, and *without* lots of CAPITAL LETTERS, underlined words or angry accusations (with exclamation points) about the other guy’s lawyer!!! Motions including junk like that are almost always ignored by everyone. who did the trial) to reconsider, alter or amend her judgment or ruling. ![]() If you simply wish to challenge the court’s decision, you can accomplish this in one of four ways. Remember that there is a big difference between an opposing lawyer being firm or aggressive (even if his or her arguments upset you!), and a lawyer actually breaking the rules. If you think an opposing attorney did something unfair, you have the option to file a complaint with the Arizona state bar. can I file an appeal or express my reasons for not agreeingĪnswer: It is not entirely clear what is meant by “court decision in custody/parenting time self representation/attorney for other party,” but the following assumptions are made to address this issue: (1) you represented yourself at a custody hearing (2) your opponent had an attorney that you think did something wrong and/or (3) you’re disappointed with the judge’s final decision, and wish to challenge it.Ĭoncerning the points assumed above, you have some options. Question: What if I don't agree to court decision in custody/parenting time self representation/ attourney for other party. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |