If, however, you appeal your judgment, a higher level court will review the entirety of the lower court's decision except for findings of fact.
Include in your motion any relevant information you believe the court overlooked in its judgment. Avoid simply reiterating your prior arguments; the court has already considered them and did not find them to have merit.
Appeals generally in civil actions, in which the United States or an officer or agency thereof is a party (including cases in which an officer of the United States is sued in his individual capacity), from judgments of the district courts to the courts of appeals, must be taken within 60 days after entry of the judgment or decree appealed from.
28 U.S.C. § 2101 (a). The time for the filing of other direct appeals in the Supreme Court is either 30 or 60 days. See 28 U.S.C. § 2101 (b).
Petitions for writs of certiorari to the Supreme Court by either party in a criminal case must be filed within 90 days after entry of judgment, but this time may be extended for a period not exceeding 60 days for good cause shown, provided the extension is requested at least 10 full days before the petition is otherwise due. See Rules 13.1, 13.5, Rules of the Supreme Court.
In all civil cases in which the United States or an officer or agency thereof is a party, if a timely notice of appeal is filed by any other party in the case, a notice of appeal (cross-appeal) by the United States, or officer or agency thereof, may be filed within 14 days of the filing of the first notice of appeal or within the time otherwise prescribed for appeal (60 days from the entry of the judgment), whichever expires last ( Fed. R. App. P. 4 (a) (3)). If the United States Attorney believes that a cross-appeal should be pursued, the United States Attorney should forward his or her recommendation to the appellate section of the appropriate division in the same manner as required for all other appeals.
While there are no statutory time limits on filing a petition for mandamus authorized by the Solicitor General, such petition should be filed within a 30-day period from the entry of the order from which relief is sought. The timeliness of mandamus is usually measured under the doctrine of laches.
(1) To request permission to appeal when an appeal is within the court of appeals' discretion, a party must file a petition for permission to appeal.
Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, instead allowing direct appeal to the appellate court while the action is pending. This practice point illustrates the operation of Federal Rules of Appellate Procedure 5.0, below. Rule 5. Appeal by Permission.
When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. The judge's ruling determines what the jury is allowed to consider when deciding the verdict of a case.
When an objection is sustained, the lawyer must rephrase the question or otherwise address the issue with the evidence to ensure that the jury only hears properly admitted evidence. In theory, the jury should even disregard the improper question asked, although this can be difficult to do. Thank you for subscribing!
The rules of evidence govern what may and may not be considered when the jury decides the outcome of a case. While there are many rules of evidence, they generally can be reduced to just a few principles: Witnesses may only present facts that they personally observed.
When an objection is overruled it means that the evidence is properly admitted to the court, and the trial can proceed.
Cross examination is the part of trial when one attorney tries to discover lies or other problems with a witness's testimony. The right to cross-examine stems from the 6th Amendment right to confront your accuser, and is there to ensure that every piece of testimony is rigorously examined before going to a jury.
Having been a judge for 22 years, I agree that asking the judge's clerk nicely is worth a try. Sometimes the judge forgets. You will be cut some slack for being pro se, but don't annoy the judge. Being pro se, you need to err on the side of politeness because you don't understand what is normally expected. That's not your fault, just go slowly.
be careful as many post trial motions are deemed to be denied if not ruled upon within 120 days.
As the other lawyers have answered, just be patient. You can't force a Judge to make a ruling. If it has been over 90 days, I have nicely asked the judges clerk if a ruling or decision has been made, and remind her that a motion is pending and has been taken under submission.
By law - notwithstanding the trial judge's enormous discretion in deciding all things of this nature - at least in New York, the State Court Judges are "supposed" to (according to the applicable laws governing judges and deadlines and the like) render their decision on any given motion within SIXTY (60) days from the date of full submission of all motion papers, opposition and reply (if any).
Generally, the Court can take as long as it wants to issue an order. It cannot act until the opposing party has had a chance to respond. If the opposing party responds, your boyfriend will likely have an opportunity to file a reply in support of his motion.
What Happens After the Judgment Is Entered? A judgment can turn an otherwise uncollectible old credit account into a collectible amount of money. For instance, a statute of limitations may prevent a creditor from collecting funds you owe them, after a set number of years. But that same creditor may initiate a lawsuit against you—hoping ...
Depending on your state, a judgment remains valid from 5 to 20 years or more. 5 6 That's a long time for a debt to follow you around. Furthermore, judgments show up on credit reports for up to seven years and may appear on background checks until the judgments expire, whichever is longer. 7 .
A judgment typically consists of the debt owed plus interest. The interest can accumulate from the time the judgment is recorded until the time it is paid in full. Other charges that may be levied are court fees, attorney fees, ...
Under state law, a judgment is a lien on the property, which opens up a host of possibilities for creditors. 1 . If your state allows it, the judgment can file a levy with the court and your employer, instructing the employer to garnish a portion of your wages, to pay the creditor. Garnishments may also target bank accounts.