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I am sorry to hear about this situation.can I both re-file the same Order To Show Cause with a new judge and also make a motion to the original judge to re-argue the motion which denied for lack of standing? Or does it have to be one or the other?
One has to file a timely reconsideration or appeal. One cannot file with a new Judge however, under res judicata
. See here
Res judicata essentially means that once something is decided, one cannot REFILE ANEW to have this heard again from scratch.
However, one does have the right to file a timely reconsideration or appeal of the original decision.If I re-file do I need to request that the estate be added as a party or does the fact that I am the executor of the estate give me automatic standing to speak for my relative under the existing caption?
No, one will have to ask for an "intervention" from the court, allowing a non-litigant to join the suit (in this case, due to one being the executor).
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