Can a judge just ignore and refuse to answer every motion?

Many judges have uniform motion calendars and you can set motions on them without getting a specific date from the JA. Some motion calendars require online setting, some do not. You need to check the particular judge’s procedures and go from there. You need to set your motion (s) for hearing to get it before the Court.

What can you do if a Florida judge won’t rule on a motion?

In Florida, either side can schedule a conference with the Judge. All the parties must be notified of the request, of course. Under Florida Rule of Civil Procedure 1

What happens if the other person doesn’t respond to your application?

Even if the other person doesn’t respond to your application before the deadline, if they respond later, the judge might give them a new deadline to respond, especially if they don’t have a lawyer. This is because it’s difficult to make a fair decision if the court only hears one side of a story.

Can a ja speak to a judge about a pending case?

The JA is the “front office” for the Judge’s office. This is an informal tactic and is entirely legal to do without notifying the other side that they are following up with the court. However, no attorney should speak to the Judge about a pending matter without all other counsel being present. That is not ethical and it is not allowed.

Many judges have uniform motion calendars and you can set motions on them without getting a specific date from the JA. Some motion calendars require online setting, some do not. You need to check the particular judge’s procedures and go from there. You need to set your motion (s) for hearing to get it before the Court.

When to ask the court to postpone a motion?

If a party is not ready to talk about the motion or OSC with the court, or needs more time to make papers, he or she can ask the court to postpone the case to another date. This is called an adjournment. If a party doesn’t agree to postpone the case, he or she can tell the judge the reason and the judge will decide.

The JA is the “front office” for the Judge’s office. This is an informal tactic and is entirely legal to do without notifying the other side that they are following up with the court. However, no attorney should speak to the Judge about a pending matter without all other counsel being present. That is not ethical and it is not allowed.

Do you have to respond to a red light camera?

You aren’t actually required to respond to them, but the red light camera company and the police department are hoping you will. Once you admit you were the driver, or name the person who was, a real ticket would be issued.

Can a judge of the Court of Appeal recuse themselves?

In Otkritie International Investment -v- Mr George Urumov [2014] EWCA Civ 1315 decided today the Court of Appeal reviewed the circumstances in which a judge should recuse themselves for bias. It is clear that this cannot be done lightly.

When is a judge should not try a case?

Bias or prejudice typically means the judge has acted or spoken in a way that prevents him or her from treating the party or attorney in a fair and impartial manner. Bias or Prejudice Concerning a Party or Attorney. If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case.

How to prove a judge’s bias in a case?

A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion. It’s not enough to establish bias or prejudice simply by showing that a judge has ruled against the party or attorney in a prior case.

Why are judges refusing to look at evidence?

Rather, it’s that judges across the United States have refused to even look at the evidence, and have instead dismissed case after case based on legal technicalities. This argument really came into focus last Friday, when the US Supreme Court rejected a lawsuit from Texas Attorney-General Ken Paxton.

What happens if a judge refuses to hear a motion?

If the Motions do not meet procedural requirements, then the clerk may refuse to file them or the Judge may refuse to hear them. What is a Motion? Motions are written requests by a party to a lawsuit asking a Judge to make a specified ruling or Order related to an issue.

How to deal with a bad judge with no track record?

For new Judges with no track record, listen to other cases in their courtrooms before losing your right to disqualify Read Case Law Regarding Judicial Behavior During Trials – Actual Case Law. Peremptory Disqualification – Case: Moore v. Alaska and Peremptory Challenge Step by Step

Who was judge that refused to look at absentee ballots?

Next, we have a decision from Judge Cynthia Stephens in Michigan’s Court of Claims on November 6. The Trump campaign asked the court to halt the counting of absentee ballots. As proof that misconduct was occurring, it provided an affidavit from one of its election observers, Jessica Connarn.

How to get a hearing date for a motion?

That’s may be the problem you are experiencing… The process is to contact the judge’s assistant (JA) and get a hearing date. If the phone does not work, try a (respectful) letter. Many judges have uniform motion calendars and you can set motions on them without getting a specific date from the JA.

What happens when you file a motion in court?

The only thing that happens when you file a motion is that it sits in the Clerk’s file until it is called up for hearing. That’s may be the problem you are experiencing… The process is to contact the judge’s assistant (JA) and get a hearing date.

When to discuss your case with the judge?

The time to discuss your case or argue with the other side is before you enter the courtroom. It drives judges nuts when two lawyers, two pro se parties, or any combination of them begin to argue at counsel table as though the judge was not present.

Can a motion to show cause be used in court?

Some courts, like the Supreme Court, charge a court fee and require another fee and form if a Judge needs to be assigned to the case. A motion or order to show cause can be used for many reasons, like: Bringing the case back to court for any reason.

How long does a motion take to be answered by a judge?

Also, if There’s no exact time limit on how fast a judge must do his work. In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court’s docket.

What happens when a motion for judgment is filed?

In a motion for judgment on the pleadings, the judge is allowed to review both the complaint and the answer to determine whether the case should continue. The only prerequisite is that the pleadings be “closed,” meaning that the plaintiff has filed the complaint and the defendant has answered.

Can a court deny a motion if there is no basis?

If you fail to support your motion with a memorandum of points and authorities, the court could deny the motion because you have implicitly admitted there is no basis for it. (EDCR 2.20 (c); JCRLV 11 (a).) The “notice of motion” is where the court clerk inserts the date, time, and place the motion will be heard by the judge.

If a party is not ready to talk about the motion or OSC with the court, or needs more time to make papers, he or she can ask the court to postpone the case to another date. This is called an adjournment. If a party doesn’t agree to postpone the case, he or she can tell the judge the reason and the judge will decide.

Can a judge rule on a motion in a slip and fall case?

Heavily-contested cases can have hundreds of documents filed with the clerk before the matter is concluded. During the course of a slip and fall lawsuit in Florida, a variety of requests (usually in the form of “Motions”) will be made to the Judge pertaining to things like hearings, discovery and the entry of a judgment.

What happens when a judge denies a motion to dismiss?

When students read a U.S. court decision where a judge “denies a motion to dismiss,” it may appear that the judge is ruling that the plaintiff won her case. That’s not accurate. In a civil litigation, when a judge denies a defendant’s motion to dismiss, the case continues instead of ending early.

Can a judge deny a motion for reconsideration?

The Court is within its rights to bar you from introducing new evidence on a motion for reconsideration. You are stuck with what you gave the Court the first time around. A motion for reconsideration may be properly denied if based on unraised facts known to the movant prior to entry of judgment.

What should I do if a judge ignores my motion?

When you file any motion in court, you must set it for hearing in order for the judge to consider it. If the hearing does not go your way, you MAY then have a basis for an appeal or a motion for reconsideration. You may want to consult with an attorney to thoroughly discuss why this judge is “ignoring” your motions…

If you fail to support your motion with a memorandum of points and authorities, the court could deny the motion because you have implicitly admitted there is no basis for it. (EDCR 2.20 (c); JCRLV 11 (a).) The “notice of motion” is where the court clerk inserts the date, time, and place the motion will be heard by the judge.