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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114042
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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TO MJD ( ONLY), this is sssppp. As you know, my child

Customer Question

TO PAUL MJD ( ONLY)
HI PAUL ,
this is sssppp.
As you know , my child support case - i filed in 2012 , and In trial finished in April 2014 . Till today the judge did not gave me judgement , i filed Motion also in AUGUST-2014 for requesting to issue ruling, The judge told that he will try to do at the earliest.
It's already around one & half year from April 2014 - to june 2015 - still they did not issue ruling yet.
Then in march , i wrote a letter directly to judge's chamber to remind. but still no response....
i afraid that as i filed it in 2012 - still no ruling -- might be automatically deny after such a long time . i don't want this .. that's why i need ruling at the earliest.
I know , you advised me last time to file writ of mandamus with appeal court. But i searched for that , but i couldn't understand what is that .. and how to do that .. and what to write. do i need to send this copy to trial court as well???
please advise me and explain me ..
what to do in this situation. My daughter is coming in 11th grade now .. and you know how much expenses increasing day by day . pl, advise me what to do .
thanks ....
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

[Mandamus] may be appropriately used and is often used to compel courts to act where they refuse to act and ought to act, but not to direct and control the judicial
discretion to be exercised in the performance of the act to be done; to compel courts to hear and decide where they have jurisdiction, but not to pre-determine the decision to be made; to require them to proceed to judgment, but not to fix and prescribe the judgment to be rendered. See: Page v. Clopton, 71 Va. (30 Gratt.) 415, 418 (1878), cited by Ancient Art Tattoo Studio, Ltd. v. City of Virginia Beach, 263 Va. 593, 597, 561 S.E.2d 690, 692 (2002).

Here is the form to file: http://www.courts.state.va.us/forms/district/dc495.pdf

So you file the mandamus in the VA Supreme Court asking the court to order your court judge to make a ruling as required.

Be wary, this type of move, as we previously discussed, could anger the judge and give him reason to issue a ruling that is as harsh as possible against you within the law to prevent you from even being able to appeal.

Customer: replied 1 year ago.

is there anyother way - i don't want to anger the judge , defenately i want judgement in my fevor - that's why i waited since 2012..

is there any other way???

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

I am afraid the only other thing you can try is file a Motion for Ruling and ask the court to rule on the pending matter before the court.
Customer: replied 1 year ago.

what do you think and what you advice paul???

i do not want ruling against me - for sure - obviously...

can you advice to file motion once again - and informing that in motion that ' rather to file to supreme court for get order to ruling .. i am willing to request one more time to trial court.... to understand situation and issue ruling at the earliest."

do you advice to do that one time more try ?? instead of filing to supreme court???

pl advice me //

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

I would try filing a motion for a ruling in the court and ask the court to make a ruling on the pending motion. State how long it has been since the hearing and ask the court to issue a determination on the pending motions.
Customer: replied 1 year ago.

ya, same thing i mentioned in my earlier motion to issue ruling and pride ruling date - it was on August 2014.

Judge told me that - there is so many exhibits and many documents in this case - and he is very busy- but he will try to issue at the earliest.

After that before 6 months - i called to judges chamber for ruling - and again i send letter for reminding - nothing happened-

so,Now - i want actual result. the judge is telling that i will do , i will do - but he is avoiding to rule.

so what do you think - the proper & effective things to mention in my motion - so judge will rule.

-- can i write in motion - informing that i was filing to supreme court to get order to issue ruling- But, rather to file to supreme court , First - one time more - i am willing to request one more time to trial court.... to understand situation and issue ruling at the earliest and provide ruling date."

-- or other what i shoud l mention in motion to get real result?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Mention that you know the honorable court is busy with other cases but that it has been almost a year and not having a ruling is causing you significant prejudice and hardship and ask the court to please issue a ruling on the motion.

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