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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30182
Experience:  Attorney with experience in family law.
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Customer Question

IS IT REQUIRED FOR A JUDGE TO REVIEW COURT TRANSCRIPTS WHEN MAKING A RULING THAT WAS ON A CASE HEARD 2 MONTHS PRIOR. This pertains to ex husband taking mother back to court to get custodial parent away from mother.
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
Judges have a lot of discretion when ruling on a motion. If the parties submit the transcripts from a prior hearing, the judge will usually review them (but don't have to). If neither party attaches the transcripts, the judge will not order them himself, and he's not required to.
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Customer: replied 2 years ago.
Judge make over 30 errors on his ruling. He said he did not read transcripts, but instead looked at some notes he had jotted down during the court case which was held in Jan. 2015 and continued in May 2015.
Expert:  Lucy, Esq. replied 2 years ago.
Relying on his notes and memory when ruling on a motion is within his discretion. You have the ability to file a Motion for Reconsideration detailing the errors.
Alternatively, you could file a Notice of Appeal and ask the higher court to find that he abused his discretion, if this is a final order.
Customer: replied 2 years ago.
Our attorney did file a Motion for Retrial or Reconsideration as I stated in what I first said. He did not look at the motion nor contempt of court that was filed 2 times against the father. He said he did not have to look at these things because according to his notes he was right and would not change anything. He would not even look to see all of the errors of facts that he made in his ruling. Question is, can you legally make a judge show his notes by some legal thing you can file as I am 99.9% sure he never wrote anything except maybe one time and I am not sure what he was doing then. My question was about how he can be made to show his notes.
Customer: replied 2 years ago.
I am totally mixed up, I paid to ask a question today (Sept. 8) and explained the situation, but then I had to reset my password. I tried to return back to this site to see about getting an answer and the from the email to re-enter Just Ask it showed an error. I later logged into your site to check and I saw what I thought was my answer to my today's question, which the answer did not fit my question. I gave the question again (briefly) and entered, then realized I was on a previous question that I had asked in August. What happened to my question I ask today and paid for??? Please advise. Maybe my answer is still yet to come???