I won my appeal! how can I keep my case out of the overruled judges court?

[HUmble76]

Colorado - I won my appeal! I appealed to the head Judge in the District Court and I won! How can I keep my case out of the original court, I feel that I was allready treated unfair by the Judge and now I can only assume that he will treat me even worse becuase his ruling was over turned. What motion can I file?

[Bali Hai]

Originally Posted by HUmble76

Colorado - I won my appeal! I appealed to the head Judge in the District Court and I won! How can I keep my case out of the original court, I feel that I was allready treated unfair by the Judge and now I can only assume that he will treat me even worse becuase his ruling was over turned. What motion can I file?

File a "Stuff Your Decision" motion. That should get his attention.

[Gracie3787]

Originally Posted by Bali Hai

File a "Stuff Your Decision" motion. That should get his attention.

Bali, please remember that the OP is a newbie and might not understand your attitudes.

OP- There is no such thing as a "stuff your decision" motion. However, there are typically rules for filing a motion for a recusal of a Judge in certain situations. If there is any litigation pending you should get a consult with a local attorney to find out what you need to do to request a different Judge.

[Ronin]

Recusals of a judge overruled on appeal are almost never granted simply because their ruling was overturned.

The legal presumption and expectation is that the lower court judge who made the error will properly comply with the mandate of the appeals court (or in this case reviewing district judge) and correct whatever error was made.

In many cases it is entirely possible for the lower court judge to render an unfavorable ruling while still complying with the letter of the appeals court (or reviewing district judges) opinion .

But there is little if anything one can do about that, other than make the best argument they can the second time around in the lower court.

[Bali Hai]

Originally Posted by Gracie3787

Bali, please remember that the OP is a newbie and might not understand your attitudes.

OP- There is no such thing as a "stuff your decision" motion. However, there are typically rules for filing a motion for a recusal of a Judge in certain situations. If there is any litigation pending you should get a consult with a local attorney to find out what you need to do to request a different Judge.

There surely is a "stuff your decision" motion. If OP wants to see that motion, I would be more than happy to show it.

I agree with Ronin, OP is very highly unlikely to get a different judge, even that the judge is prejudice.

Judges really have to step way out of bounds (almost out of the ballpark) before anything is done about it.

[Gracie3787]

Originally Posted by Bali Hai

There surely is a "stuff your decision" motion. If OP wants to see that motion, I would be more than happy to show it.

Did you actually file a motion entitled "stuff your decision"?

How did the Judge feel about that wording?

[Bali Hai]

Originally Posted by Gracie3787

Did you actually file a motion entitled "stuff your decision"?

How did the Judge feel about that wording?

The motion was filed numerous times, but the judge didn't actually see it.

[Ronin]

The judge would probably grant a "stuff your decision" motion, right after the one filing the motion was asked to bend over