sonya hammans said:
i am in texas. apparently i need to make my question short and in good form. i would like to know if a judge has to grant a new trial for judicial and lawyer errors? i would like to know if the judge doesn't answer after a hearing on the motion, if it is automatically overruled by operation of law? thank you
My response:
Prior to any appeal, a litigant must file what is known as a "Motion for Reconsideration". In that motion, a litigant must inform the judge what the perceived errors are, and the reasons why such errors would have changed the outcome of the case.
When a judge receives such a Motion, the judge can respond, or allow the motion to "die" by operation of law, after a specific number of days have passed.
When there is no ruling, or if there is a ruling, but it is not favorable to the litigant, then the litigant must file and serve a "Notice of Appeal".
IAAL