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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If a judge have asked, on oral hearing, plaintiff a question about evidences presented by

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If a judge have asked, on oral hearing, plaintiff a question about evidences presented by him and his answer is not correct, do defendant have right to answer the question with correct information? If defendant's attorney didn't take any action and the judge already sentenced(opinions published) that defendant failed and defendant still have a right to appeal for rehearing, can defendant appeal with the correct answer which can influence the decision of judges? If the defendant still have right, what's the statutory basis(laws)?
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

To answer your question, it is up to the defendant to attempt to impeach or bring back the plaintiff for his hearing and testify as to which answer is correct. The defendants can answer the question as they see fit, what is important is pointing out to the courts that the plaintiff's statements are inconsistent and possibly incorrect.

If the defendant's attorney does not take action, that is not grounds for a defendent to appeal because it is the defendant's fault that he or she failed to bring up that issue in court. An appeal is about something that was incorrectly ruled upon by the judge, or a possible direct mistake, it is not about new arguments or situations that may have been or should have been brought up at the initial hearing but for whatever reason were not. So no, this would be considered 'new' information and not valid grounds for an appeal. An appeal revolves around having the appeals court evaluate the situation solely and purely on whatever took place in court, nothing outside of it. Even in a situation where, for example, the judge made a mistake and did not allow some piece of evidence, the appeals court will allow the evidence but then send the decision back to the lower courts to re-hear the case WITH the additional factor included and to see if that would change the outcome.

Good luck.

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Customer: replied 4 years ago.
Dear Sir,

Thank you for your help. Before the oral hearing, my attorney told me that I have no right to speak or answer any question on the court. He told me that he is the only person has right to talk. Is that the law's regulation? However, he won't talk on my benefit to answer the important question and on the same time I have no right to talk. Is that the way specified by laws? Can I raise my hand on the court in order to talk to judge? Your answer will be appreciated!

Best Regards,

Thank you for your follow-up.

The attorney is not quite correct. If he is with you then yes, you stay silent, not because that is the 'law' but because typically speaking in court before you run it past your attorney tends to hurt your case and make your attorney's job much harder. You should not ask questions of the court, it is your attorney's job to instruct you. This is not a regulation or law, but speaking out of turn in court makes the judge unhappy and typically affects your case. This isn't a school, raising your hand will not get you called on, but what likely will happen is the judge is going to speak to your attorney and tell him to 'restrain his client' from further communication. Please understand that I am not trying to be rude, I have seen that occur time and time again to clients who by virtue of speaking out of turn can really hurt themselves and their own case. You CAN speak with your attorney in private and demand a formal explanation, but being in court is generally not a good time for explanations.

Good luck.
Customer: replied 4 years ago.
Dear Dimitry,

Thank you for your help. Since my attorney won't answer judge's question on key point argument although we discussed it before the hearing, do I have chance to file amendment brief about the judge's question after oral hearing? TKS!
Thank you for your follow-up.

You can file so, but then you would need to terminate your relationship with your attorney and file 'pro se'. If you have an attorney, all petitions and filings go through him.

Good luck!
Customer: replied 4 years ago.
Dear Dimitry,

Thank you! Normally, what's the deadline for the amendment brief? And, what do you mean "'pro se'" ?
By 'pro se', I mean that you are self-representing. In terms of deadlines, you will need to research the specific court where you are filing, and typically the amended form has to be done within 14 or 30 days, depending on what stage the hearing is at.

Good luck.
Customer: replied 4 years ago.
Dear Dimitry,

Thank you for your kindly help. TKS!
You are most welcome and good luck to you!

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