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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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ELY -- Judicial philosophy My problem with understanding

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ELY -- Judicial philosophy

My problem with understanding your statement is that, to me, if a lawyer is making a mis-statement of facts that have been offered before the court in testimony at a pretrial hearing, the judge is actually helping the party in question by not correcting the mis-statement. And as therwe is no objection to this behaviour, the judge is not making an objection for me. This is more a case of the judge slapping opposing counsel on the hand for trying to twiat the facts to suite his client.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend,

Let me put it this way: What do you wish to achieve here? Do you want to show that the attorney mislead the Court?

Or, do you want to punish the Judge for what you feel is a "miss" on their part?
Customer: replied 1 year ago.

want to show he mislead the court...now that I know I can't count on the judge to fix it.

Expert:  Ely replied 1 year ago.
R,

To show that he mislead the court, one would need a copy of the transcripts/recordings from the prior hearings. That is it and there is practically no way around it.

You are correct, I am afraid the Judge will not advocate on one's behalf in matters of accidental or malicious errors, for the most part, unless they are particularly egregious (if they are, the Court can object at its own discretion and act to correct on its own motion).

However, if/once one can prove that the attorney was misleading, they can then ask the Court to SANCTION the attorney, and possibly make them pay for the costs necessary to obtain the transcripts to illustrate it, if not more.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

The evidence he is misrepresenting is the ONLY evidence against co-defendant. Without it, there would be no prima face case and co-defendant would be a witness. I would call that egredgious, wouldn't you?

Expert:  Ely replied 1 year ago.
R,

I may agree. However, it is at the Judge's discretion...
Customer: replied 1 year ago.

OK, let's assume that the judge is actually unaware that this evidence was not authenticated by the court, and the court never deemed it admissable at the limine hearing as opposing counsel is saying.


 


If I simply state that counsel is mistaken, that the screencaptures he is referring to are co-defendant A's, not co-defendant B's, and that co-defendant B's evidence was never even addressed at the hearing. Will the judge then verify the facts in the transcript, or just pick a side to believe?

Expert:  Ely replied 1 year ago.
This is up to the Judge. A good Judge will verify the facts in the transcripts. However, it depends on the Judge. I have faith in most Judges, but they are human beings like anyone else and can be unpredictable.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87235
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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