Start Your Divorce Today - Premium Divorce Online


Divorce Source Community Forums >> General Divorce Issues

Jump to first unread post. Pages: 1
c_jane
Pooh-Bah
*

Reged: 04/06/07
Posts: 1894
Loc: In the Great State of Texas
For a friend -- going before judge & NOT sworn in?
      #279478 - 08/22/07 09:03 PM

I have a friend going thru a messy divorce but no kids (thankfully). Anyway, the judge dislikes her intensely -- enough so that several visiting attorneys have commented on it in the courtroom.

Question: she (the Judge) was so eager to rip my friend a new one this AM that she didn't swear her in. Is that a cause for a mistrial??

--------------------
John Constantine: God's a kid with an ant farm.... He's not planning anything.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Drew
old hand
**

Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
Re: For a friend -- going before judge & NOT sworn in? [Re: c_jane]
      #279488 - 08/22/07 09:27 PM

Was there a court reporter?

--------------------
"living, learning, from my creator. you gave me life now show me how to live" c. cornell


Post Extras: Print Post   Remind Me!   Notify Moderator  
PhoenixRising
Carpal \'Tunnel
**

Reged: 01/05/07
Posts: 3681
Loc: New York
Re: For a friend -- going before judge & NOT sworn in? [Re: c_jane]
      #279512 - 08/22/07 10:57 PM

For most of my 3yrs of divorce trial, neither my ex nor I were "sworn in". We would be in front of the judge but we did not "take the stand" and get "sworn in".

So no I do not believe that she could get a mistrial declared. However, there should have been a court reporter and she should be able to get the transcripts.

If the judge acted inappropriately she can send copies of the transcripts to the ethics committee.

However, getting "reamed" by the judge would probably not be cause in of itself. My EX contradicted himself constantly in court and found himself, being "reamed" on a regular basis.

Judges are allowed wide latitude in their courtrooms; a judge would have to go WAY outside the bounds of propriety for it to be considered unethical or improper.

I think it would be easier for her to determine which of her behaviors are pi$$ing off the judge and stop doing them.



I find much about our legal system to be broken.

The fact that our lives, our children's lives, and our futures rest on whether a judge "likes" one party or the other is one of the worst parts.

Given her situation, your gf would be well advised to find a settlement she can live with; leaving it up to the judge, in this case, would be a poor decision.

--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato


Post Extras: Print Post   Remind Me!   Notify Moderator  
Relayer
Carpal \'Tunnel
**

Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
Re: For a friend -- going before judge & NOT sworn in? [Re: PhoenixRising]
      #280560 - 08/25/07 05:57 AM

I have never been "sworn in".

Do you swear ta tell da trute, da hole trute, and nuttin but da trute? (Chicago talk)

--------------------
GO CUBBIES!!!!


Post Extras: Print Post   Remind Me!   Notify Moderator  
almostheaven
Carpal \'Tunnel
**

Reged: 07/13/04
Posts: 10468
Loc: West Virginia
Re: For a friend -- going before judge & NOT sworn in? [Re: Relayer]
      #281054 - 08/26/07 07:39 PM

Kinda reminds me of "My Cousin Vinnie".

--------------------
Char Fox


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1



Extra information
0 registered and 10 anonymous users are browsing this forum.

Moderator:   

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is enabled

Rating:
Topic views: 3213

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: