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Saturday, September 4, 2010
Ok, so the other day I talked about how, sometimes you get a ruling from a judge in family court and you are walking out dazed saying "What just happened!" Sometimes it is better to retire the issue and call it a day. The next issue that comes up may be similar and a good ruling on it may cancel out the bad ruling.
Ultimately, it isn't about winning each and every time, it is all about winning for the preponderance of the time, i.e. 51%. That 1% is enough to get you over the line to a complete win in your case, but at the same time, it is a reminder that for 49% of the time, you are losing. So, get used to it, a win here, a loss there, an uneven winny losy type ruling. It's all part of the game.
However, if you are really mad. I mean truly mad. And you are looking at a ruling you absolutely hate, that you absolutely believe is wrong. Don't leave that in trial court. Pick it up and take it across the street to Appellate court.
Ok, so you don't have to be that hot under the collar!
You can start by asking for an explanation of the ruling (motion for Clarification), then move on to a Motion to Vacate (get rid of that dang ruling pleeezzz!), or a Motion for Reconsideration, or a Motion to Reargue.
Once those options have been exhausted, THEN you cross over the street and try Appellate Court.
As a first step in that direction, download the 2010 Handbook of Appellate Procedure off the internet or obtain a copy at a law library. Also, go to the Appellate clerk's office and pick up the guidebook for self represented parties that explains a little of appellate procedure and provides examples of some of the forms you need to present to the court on an appeal.
Let me tell you, guys, it ain't over until it's over, not 'til the fat lady sings, and as a fine upstanding member of my blog audience, I'm trusting you to make her sing the way you want her to, or at the very least, give your enemies a good run for their money!