When does a judge not make a decision?

But sometimes there is no decision on point, or the cases simply do not contemplate the fact situation before the court for resolution. It is hard enough to address some legal issues when the judge has the time and resources, but even harder when a case presents itself for emergency resolution.

How does a trial court judge make a decision?

In criminal cases, especially, lawyers often make motions on critical issues of constitutional law, or the admissibility of evidence, without citation to any authority. Decisions by a trial court judge may be based as much on his or her sense of the law as on specific knowledge of it.

What can you do when a judge won’t rule on a motion?

Judges in Florida are busy, and chances are they have a good reason for not yet ruling on your motion. Finally, filing an extraordinary writ must be weighed against the very human reaction a Judge may have for taking this step to force him or her to act. 4.

What can a judge do at a conference?

At the conference, the Judge can do several things. For instance, the Judge can rule on pending matters, either on his or her own volition or because of another party’s request. Additionally, the Judge can: (3) Making rulings on discover, including the admissibility of documents into evidence;

What happens if a judge takes too long to make a ruling?

While there may be rules which are generally followed, if a judge takes longer than the allotted time, there really is no recourse which will force the judge to issue a ruling. All you may be doing in pursuing it is angering the judge, which will not be helpful to the…

When does a judge have control of a case?

That is because the order does not become valid until it is actually filed with the clerk’s office. “An order is not final until it is entered by the clerk of court; and until the order or judgment is entered by the clerk of the court, the judge retains control of the case.” Bowman v.

When does a judge’s ruling become a valid order?

As South Carolina Rule of Civil Procedure 58 (a) notes, “A judgment is effective only when so set forth and entered in the record.” In 2006 I actually went to the South Carolina Supreme Court on that issue, which resulting in an opinion that an order wasn’t valid until it was signed by the judge and filed with the clerk’s office.