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Mr Lofton
Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience:  30 years of experience as a counselor and trial lawyer
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rights in order to show cause

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someone brings order to show cause to vacate a civil court decision.

on first date, judge whose decision is being challenged is not in. held over for two weeks.

at second date judge refuses to let any parties in who are not counsel, including person bringing order to show cause.


is it proper for the person who retained the lawyer and who is challenging the decision to be kept from the hearing?

if not, what are the option open to the person who brought the action.

It is improper for the person who hired the lawyer and who is challenging the decision to be kept out of a "hearing", although it is not improper for the judge to take the lawyers into his chambers to discuss things like scheduling and some judges do this more than others. You should inform you attorney that you feel uncomfortable anytime the lawyers and judge are behind closed doors and have your lawyer ask the judge to do everything "on the bench."

The "hearing" part of the case may involve witnesses testifying and/or lawyers making their arguments to the judge about why the case should or should not vacated and that is public and should be open with your right to be present.

Since you are a party in a civil case, its more common for judges to chat with the lawyers in his chambers. In a criminal case teh defendant has a right to be present for everything. So, let you lwayer know firmly what you want.

All the best,


Mr Lofton and 7 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
what if the order was denied in this closed door hearing? and the lawyers, mostly the one moving to vacate, made 20-30 minutes of arguments?

is there a law that states that person who brought order to show cause who was a defendant in a civil case should not be excluded from any non-scheduling meeting?

If the order was denied in a closed door hearing, I am surprised. The judge should then have put his reasons in writing. The "arguments" should have been in open court with you there.

The Rules of Judicial Conduct say that a judge should avoid even the appearance of impropriety. Take a lliik at the rules here, and you'll see that you are entitled to file a formal complaint:


Customer: replied 9 years ago.
mucho gracias.

Very welcome!