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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13757
Experience:  Experienced in multiple areas of the law.
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Can I use a "case law" in my pleadings that are from cases

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Can I use a "case law" in my pleadings that are from cases in another states?
Thank you for your question.

You can, but because the cases are not from your jurisdiction, they are considered merely "persuasive" and not binding law. To put it another way, they do not have the impact of a case from your state, but you can still use them, and a judge can still consider what they stand for, yes.
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Customer: replied 4 years ago.

It is really hard for me to find a Georgia case law examples. Can you read my motion and let me know if you think it is looking good? Please suggest me on the method of how it would be easier for me to let you read it. May be I can load on my Google drive and then share it with you via email? It is on 10 pages and may not fit this small space. Thank you in advance.

We aren't permitted to have outside contact with customers of this site, so unfortunately I cannot provide you with an email address. I must also regrettably decline your request to review your motion.

This site is for general information purposes only, and reviewing and advising you on such a motion could be seen as giving you legal advice, which I cannot do as I am not your lawyer (nor am I licensed in Georgia).

That said, what type of motion do you need case law for? Is this the motion for sanctions you are seeking because of the alleged perjury? If so, a) case law is not requred, and b) such a motion should not be anywhere close to 10 pages (excluding exhibits). The written portion of your motion should probably be no more than a couple of pages.
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Customer: replied 4 years ago.
The motion that I am writing right now is a "motion to rule, enter order, and confirm custody visitation"
During the hearings, judge abused his authorities and allow for defendant to add a brand new issue that is not a part of the pleadings. I did filed proper motion for production of documents and served upon defendant Then I did filed motion to compel, to make sure I would get the evidence from defendant. Court fail to act on my motions. Before the hearings I filed a motion to limine, to preclude defendant from producing unexpected evidence and from declaring a new claims. During the hearings Judge verbally denied my motion to produce and motion to limine. Also he allowed defendant to add verbally new claim that is not part of the pleadings. I properly objected during the hearings. Judge overruled all my objections. Then judge verbally order and rule on custody modification based on the new defendant's claims without having subject jurisdiction.
So I have been looking a Georgia case law that clearly support my claim that judge violate his authority and ruled without subject jurisdiction. Also defendant has failed to serve me with any of her answers or claims. For that reason court has no personal jurisdiction over me. Also Judge order my wife that is outside of the country to be in charge of my children transportation. My wife is completely not part of this case! She was not in the court, she was in different county at the time of hearings!
Is this is normal how judges operate?
I don't feel I can comment on your case specifically since I have not been there to see and hear what has gone on, do not have transcripts to read/review, etc. However, if you are asking if it is general practice for judges to simply ignore law or procedure, the answer is no. Obviously our judicial system wouldn't function if they did, and while judges have an enourmous amount of power over their courtroom, they still must act ethically, within the law, and without prejudice to either party.

If you feel that the judge has been biased or prejudicial towards you and you cannot get a fair hearing, you might consider filing a motion to have the judge recuse themselves (step down and have another judge appointed).
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Customer: replied 4 years ago.

Can you please give me an example of the "Motion to Recuse Judge" with the appropriate title and if possible "case law" in Georgia to support that. Thank you in advance.

It's called a Motion to Recuse. Here's one sample (don't worry about the affidavits, I think the circumstances were different in this case) that cites the Judicial Cannons of the Rules of Judicial Conduct in Georgia that you may want to use. Essentially, the Rules of Judicial Conduct cited state that a judge must be fair, impartial, etc., and not show bias to either party or their lawyers.

I don't think you'll need more than that, quite honestly. If you were to Google "Georgia Motion to Recuse" you'll see some other motions that have been filed and they don't really cite to case law as much much as they recite the facts and argue as to why there is clear evidence of bias or prejudice and why it is not possible to get a fair hearing before the judge.
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Hi, the system is telling me that you have a follow-up question. However, I do not see one posted. This may just be a small glitch with the system, and if it is and you have no additional questions, please just ignore this information request with my apologies. If you do in fact have an additional question however, could you repost it in your reply, so that I may further assist you?
Customer: replied 4 years ago.
At this moment, you cover my questions, and I am going to the court today to file my motion to rule, with my written order first. Then I am planning to see if I can talk with the judge and ask him if he is willing to sign my proposed order. This will be his last chance for me. Then if he refuse, I am planning to file motion to requse. I worked on this motions very late and finish them around 3 am. But I got to do it. On january 10 During the hearings judge promised to make an order within 2 weeks. He fail to keep his promise, so I better to do it my self. Thank you for your help. Of cause if you have a comment for me, please write me here. I am always welcome for adwise.
I doubt you will be able to speak to the judge without the other party present as that would be considered an "ex parte" discussion and isn't allowed, as the opposing party has the right to be there.

It's not unusual for a judge to sometimes take longer then they previously stated they would to rule. I'm not trying to make excuses for this judge and I understand you are frustrated with how the case is being handled, but they often have very large and busy dockets, and that could explain the delay. Assuming the judge agrees with the language in your Order that you prepared, that can certainly make it easier on them and may speed things up though, since the judge doesn't have to draft it themselves, they can just use yours (though sometimes a judge may cross out language and/or add in language to a prepared Order because they want it to read a certain way - they do that even to lawyers).