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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed a motion under rule 60(B) in Feb. Still no answer

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I filed a motion under rule 60(B) in Feb. Still no answer from the judge. All the other times I've filed motions with this judge he's made his decision (answering no) in a month or so. Can I interpret this delay as a good thing? I.E. if he was going to say no, he would have said no by now? Or is this just a case of me falling thru the cracks?
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

Motions for relief from a judgment is VERY difficult to prevail on, so judges usually do a lot more time with these types of post-judgment motions because of their seriousness.

However, the case can't really be re-tried through the motion. Instead, the task is to try and show why the judgment is void. If the judge denies the motion, an appeal would be where you'd be able to argue the facts and claim that the judge or jury failed to apply the facts to the law properly.

Thus, the fact that the judge hasn't responded likely means that the case is being thoroughly considered, but it's no guarantee that the motion is going to be granted.

Hi -

I was checking in to see if you had any additional questions. If so, please let me know and I'll be glad to respond. Thanks.

Customer: replied 3 years ago.

Hi Kirk,


Thanks for your answer. I understand that my motion is not the place to re-try my case, I tried that with my Habeas motion, which was summarily rejected... for time, even though the 9th circuit has adopted the rule that actual innocence bars ADEPA'a statue of limitations. That's why I filed the Rule 60(B) motion, the judge messed up, and I'm hoping he'll realize it... or accept it. So botXXXXX XXXXXne... I've caused him/them to think, and they'll rule when they get around to it...

Sure, I understand that. Sometimes, people mistake a rule 60 motion for an appeal with the trial court or a motion to reconsider - - and it's not.

I certainly understand where you're coming from and I hope the judge does take your points into consideration. If not, you always can file an appeal and take the matter up there as well.

Good luck with this!
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