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  • Trial and beyond

    JUst finished my trial .Now the ex is saying that I shouldn't be happy about how did it go and what the result would be.He warned me that if every decision is not in his favour he will appeal it and i should get ready for it
    As per him he had fully researched and the moment trial decision comes he will aapeal for it within 30 days.
    Anyone with such a experience or any idea about the appeal.What rights do I have and will a appeal overturn trial decision.
    We don't have the decision yet.Does anyone have any idea how long does it take for Mr Judge to issue his verdict

    Totally lost?

  • #2
    Originally posted by sufferer View Post
    JUst finished my trial .Now the ex is saying that I shouldn't be happy about how did it go and what the result would be.He warned me that if every decision is not in his favour he will appeal it and i should get ready for it
    As per him he had fully researched and the moment trial decision comes he will aapeal for it within 30 days.
    Anyone with such a experience or any idea about the appeal.What rights do I have and will a appeal overturn trial decision.
    We don't have the decision yet.Does anyone have any idea how long does it take for Mr Judge to issue his verdict

    Totally lost?
    Just relax. Now it time when nothing depends on you or your Ex. Give your-self some relax time.

    If your ex "fully research" it he would be not so arrogant. Just look recent tread on a topic. In short - Trial decision can be appealed only if Judge make an error in law or something terribly wrong was done with evidence.

    He will have 30 days to appeal and it will not be cheap. He will have to order 3 copies of transcript what will cost thousands depending on how long trial will be. There is tons of paperwork including all material which went to trial... and so on so on.

    And yes it may take from weeks to months for Judge to release his ruling. All depends on Judge's workload and number of factors. I would not expect it before X-math. But again it's just speculation.
    Last edited by WorkingDAD; 12-13-2011, 08:58 AM.

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    • #3
      Our trial was held in March 2010. We received reasons for judgment seven months later, in October 2010, and costs endorsement in my favour in March 2011. My ex is appealing.

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      • #4
        As has been stated, for the most part an appeal requires the judge made an error in law or that the evidence was horribly off kilter.

        In Family Law, most judges are very meticulous about making sure this part is taken care of.

        Appeals are few and far between, and SUCCESSFUL APPEALS are even more rare.

        However that doesn't mean that people don't try. The law will allow you to do any damn stupid thing you want for the most part. If you want to piss money down the drain, that is your right to do so.

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        • #5
          A very tiny percentage of appeals are granted. If your ex wants to appeal, the onus is on your ex to satisfy the court that there was an error in law or fact. This is an extremely tough onus to meet, not to mention it could take a long time. In the meantime, the trial judge's decision stands until an appeal court decides otherwise. Sounds like your ex isn't very confident that he won and is just trying to maintain some form of power over you. My advice is don't give that power away to your ex. Just pray you did a good enough job at trial and let the judge make his/her decision. No need to stress over an appeal when you haven't even gotten the decision yet. Worry about that when the time comes.

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          • #6
            Thanks To everyone

            I appreciate all the replies.
            I was expecting my decision in jan 2011.So from what I read from the experienced members It might be march/april till I get a decision.
            So even if he appeals there are 50-50 chances that his appeal would be ganted.ANd even if it is granted even fewer chances of overturning the trial judge decisions.

            So like advised I am taking a chill pill and relaxing for now.Trial went awesome.And i am confident that he stands no chance in any of the issue.

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            • #7
              Think of it this way.... the first trial was him against you. If he appeals, his first challenge will be him against the legal system that made the decision in the original trial.

              Like others have said, it's out of your hands now so try not to stress about it.

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