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CALawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 1655
Experience:  Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
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Can you ask for a retrial over a decision that was made in

Resolved Question:

Can you ask for a retrial over a decision that was made in the Superior Court of Arizona
Submitted: 8 years ago.
Category: Legal
Expert:  CALawyer replied 8 years ago.
What type of decision was this?(Criminal, civil, etc.)

Was there anything irregular or improper about the procedures?

How long ago was the decision rendered?
Customer: replied 8 years ago.
I am not really sure, my wife was arrested for domestic violence assault and when she was released from jail she filed for a order of protection and it was granted
The police took photos of where is scrathed me on my neck, arm and leg

If I had known that I could have had a Attorney to represent me I would have retained one
I felt that the Judge was a little biased it seemed that he was guiding her questions
Also she presented evidence from a doctor that was not notarized and the statement did not indicate where the bruises were nor could the doctor say how they got there
The decision was made last week
The questions that I was asking my wife were focused on the marriage not on her statements in the order of protection
I own a Daycare Center and his ruling will cause the State to revoke my license and that will impact a lot of people

Just to let you know I nerver touched her
Expert:  CALawyer replied 8 years ago.
Arizona statutes allow a person to file a motion for a new trial or retrial:

ARS 12-2026. Motion for new trial; retrial

A. Either party may move for a new trial in the court where the verdict was returned.

B. If a new trial is granted, another jury shall be summoned within five days thereafter to try the issue, unless the parties agree on a longer time.

The typical grounds for a new trial are one of the following:
1. Prejudicial error in the proceedings.
2. A decision contrary to law or mistake in law at trial.
3. Prejudicial error caused by the other party.
4. Newly discovered evidence that couldn't have been, with reasonable diligence, discovered before the previous trial.
5. Excusable suprise or mistake.

The time-frame for filing new trial motions is VERY short. If you want to try for a new trial, or move to set aside the decision, it is important to talk to a lawyer right away.

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