onmyownnow
recently joined
Reged: 05/25/07
Posts: 22
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Outside of an appeal, does anyone have any thoughts on what can be done if a ruling has been entered; but is not consistent, complete, and in some cases inaccurate? Decree has not been issued at this point, but will be soon.
Is there a judicial review process??
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"With sufficient thrust, pigs fly just fine!!" --unknown
Edited by onmyownnow (05/25/07 09:32 AM)
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texas_dad
journeyman
Reged: 05/03/07
Posts: 70
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Your last real chance in front of the judge will be at the hearing to sign the decree. There are often changes and x-outs to the final decree done at this hearing before it is finally signed by all parties. If you object to decree then make sure the judge notes your objection and do not sign the decree if it says "agree to form and content". You can sign if it says "agree to form only". You should then file a request for findings of fact and conclusions of law where the judge has to legally justify their rulings. It gets pretty tricky here, and judges hate this, so you need a lawyer who knows what they are doing. You can then file motion to reconsider rulings.
After that you would pretty much have to appeal your case to the next level.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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You can file for a reconsideration of the "facts and findings". It usually has to be done within 30 days.
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13.1...because I am only half crazy!
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onmyownnow
recently joined
Reged: 05/25/07
Posts: 22
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Thanks to you both for your advice on this one....the only case law, and statute based (ARS Title 25) references I have found so far talk about appeals. I will do some research on Motions to reconsider "facts and findings"...thanks again!! Enjoy your weekend!!
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"With sufficient thrust, pigs fly just fine!!" --unknown
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"With sufficient thrust, pigs fly just fine!!" --unknown
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texas_dad
journeyman
Reged: 05/03/07
Posts: 70
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Try to get any changes done before the decree is signed. You still have an opportunity to haggle with the judge on the decree before he/she signs it. Once it is signed you almost always have to appeal to get anything changed.
Motions to reconsider are really only a formality because the judge will rarely change their mind on a ruling and findings they just made. But this is required for an appeal, because before you appeal you must have first complained to the lower court judge of the issue you are appealing. Properly requesting Findings of Fact is also a requirement for an appeal.
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onmyownnow
recently joined
Reged: 05/25/07
Posts: 22
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Thanks again for the information, it is very helpful. At least if I make sure proper process is followed, the option for an appeal is open. I am not sure if I am up for that as it has been expensive to get this far and now I need to look at what makes sense.
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"With sufficient thrust, pigs fly just fine!!" --unknown
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