Judges Behavior

[ham1234]

What is the name of your state (only U.S. law)? Mississippi
What can be done when a Judge woun't grant a legal motion or request?

 

[Proserpina]

What is the name of your state (only U.S. law)? Mississippi
What can be done when a Judge woun't grant a legal motion or request?

Was the judge in question actually OBLIGATED to grant the motion?

Was the petition denied for a reason?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Mississippi
What can be done when a Judge woun't grant a legal motion or request?

Why do you believe the Judge was REQUIRED to grant the motion or request?

 

[startedone]

Well, a writ in the next higher court would be the step to take.

 

[tranquility]

Well, a writ in the next higher court would be the step to take.

My understanding of appellate jurisdiction requires a final decision. (I recognize determining what a "final decision" is can be complex and may not be things which are final or a decision.)

What is the final decision when the court hasn't, um, decided?

 

[FlyingRon]

My understanding of appellate jurisdiction requires a final decision. (I recognize determining what a "final decision" is can be complex and may not be things which are final or a decision.)

What is the final decision when the court hasn't, um, decided?

You make an objection and if that is overruled, note an exception and then move on. After the decision is ruled on, if the decision is unfavorable to you, then you can try to appeal.

There are a few times when you might be able to appeal earlier, but absent knowing just what on earth you're talking about, it's hard to see what would apply.

 

[startedone]

You make an objection and if that is overruled, note an exception and then move on. After the decision is ruled on, if the decision is unfavorable to you, then you can try to appeal.

There are a few times when you might be able to appeal earlier, but absent knowing just what on earth you're talking about, it's hard to see what would apply.

I read it to him thinking about the judge NOT ruling on a motion/objection before it. So right now, there is nothing to appeal.

So if he wished to force the judge to rule then a writ is appropriate. Not that it would get the ball rolling any faster (could be 6 mo. before a motion is ruled upon).

If the judge did rule & he does not like the ruling, you are correct -- move on and note this on an appeal after the case is done. Of course, several types of rulings may be appellable before a final judgment. More info is needed to decide if the OP's situation fits these types.