Judge malpractice

[Ozark_Sophist]

What is the name of your state? Missouri

I won a case by default when respondent failed to show for the hearing after being duly served accorded to state statute. The following day, respondent retained an attorney who file a motion to set aside and set a rehearing. Three days later, judge grants motion to set aside WITHOUT a hearing or notify petitioner (me).

At a seperate hearing today, judge describes what he did and asks if I am ready to proceed with the rehearing. State statute requires a motion hearing for this type of a judge to be heard by another judge further up the food chain. In addition, local court rules require seven day notice on motion to both parties.

Fortunately, I had appropriate statutes on hand, and with some respectful tooth pulling, judge rescinded his order to set aside and set a date for a hearing.

I felt good about the whole thing, but I have questions. Is there any consequence for a gross error for either the judge or opposing counsel (who failed to provide proper notice, communicated the judge directly without me being present)?

 

[seniorjudge]

Q: Is there any consequence for a gross error for either the judge or opposing counsel (who failed to provide proper notice, communicated the judge directly without me being present)?

A: Judge: appeal. Lawyer: Disciplinary committee.

 

[Ozark_Sophist]

Thanks SeniorJudge. I tried to explain to my wife that the system is a "good old boy" system. I held my ground, proved my point, and probably shot myself in the prejudical foot. The hearing for the motion to set aside has been scheduled.

Grounds for setting aside? Respondent did not appear.

Is this even possible? Statute requires good cause and apparently good cause is forgetting you have court or something. What consititutes "good cause?"