Submitted by glennm19 on Fri, 08/20/2010 - 12:01
I went to trial just over three months ago on a Complaint for Modification. The trial was completed in one day and only took three hours. Both parties were pro-se and there was only one other witness besides the two parties. The judge still has not issued an order. Is there anything i can do to force the issue? I believe the delay may be intentional since it would reduce child support to my ex-wife.
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Editor's Response
You can try to call the clerk to ask (1) if there have been any developments in the case and (2) what the typical wait is in that particular court. I would not share your theory about the intentional delay (as I'm sure you know).
tried that already
I have been in regular contact with the judge's secretary (at her suggestion). Each time I call, it's the same store-the judge has it under advisement and it's at her discretion when this will be ruled on. According to the time standards for this court, a ruling should be issued within 30 days of the trial if the trial is 1 day or less (which it was).
Any other suggestion about how to get this moving along?
Editor's Response
Try talking to someone at the Commission on Judicial Misconduct, and see if they agree with your view.
Under Advisement Court
I worked in a district court for 7 years. I have seen cases that are taken under advisement. Often times judges have such a high case volume that some times if they either need more time to research the question of law, or need more time to thoroughly look at all of the documents and supporting evidence(this could be a complicated case and most times Judges get a case and may need more time to review a specific file). There are many other reasons however, you do have the right to check into the case or have your attorney check into the case. I do not believe this is being done deliberately. Sometimes judges are visiting Judges and are only at a certain court one or more days a week or month. If you know your docket number and cannot get anywhere with the Judges lobby you may want to call and ask to speak with a clerk about the matter.
Lisa99
Under Advisement
I prevailed at trial/unanimous jury verdict, post trial motions were 6 months ago and we have heard nothing from the judge.I have signed on to pacer to view activity of other cases filed years after my intial filing have been ruled upon.
This is extremely unsettling, do I have any recourse/remedy for this
any one to talk with? I do not want to aggravate the judge.
This case is now beginning it's fourth year.
It is severly affecting my life.