When Do You Have to File a Motion for Reconsideration in Arizona Family Court
Top 5 Things to Know Nigh Family Law Appeals in Arizona
1. I t is possible to fix a bad ruling from the court, but it is difficult. Prior to trial, you were on fifty-fifty footing with the other party—you both had, in theory at least, an equal run a risk of prevailing. Only now that the ruling has come, and the other side has won, yous're facing an u phill boxing in anything y'all exercise. You are either going to have to inquire the same approximate who just ruled against y'all to reconsider his or her position, or yous are going to accept to convince an appeals panel that the judge fabricated a clear error of law (in other words, a big legal mistake). That is non the cheeriest start to this list, just nosotros never want someone to dive into this process without knowing the risks .
2. You need to contact an chaser right away considering the clock is running on your deadlines . Your borderline to do something about this ruling is running. You have 25 days from when the ruling came out to file a Motion to Alter or Amend, and xxx days from when the ruling came out to file a Notice of Appeal. (There are exceptions to the timing on both of these rules, and we recommend you consider speaking with an attorney before filing anything). The sooner you lot speak with an chaser, the better your chances of doing something most this. You have four dissimilar motions (reconsideration, alter-meliorate, description, and relief) and an entreatment option bachelor to y'all; an attorney tin can advise you on which one , if any, is right for you. Many people wait as well long to contact an attorney or t o file something, and oftentimes, it is too late.
three. An appeal puts the approximate on trial. Appellate courts don't practise the same thing your trial judge did. An appeals court does not comport a trial and does non look at the testify and decide who should accept won . Instead, at the appellate level, you will essentially be putting the judge on tri al by trying convince the appeals panel (three judges hear each appeal) that the judge either misapplied the law in your matter or he made a ruling that is completely unsupported by the show. If they are convinced the trial judge made an error, they will , in near cases, "remand" the case. This means they will send it back to the superior courtroom to have a a new trial. We strongly recommend you consider meeting with an attorney before starting an appeal.
4. An entreatment is not your simply option. Most people desire to jump into an appeal. But the best place to start is usually with a movement to the same judge who only ruled. These are called post-decree motions. They accept wide discretion to alter their ruling—that means, if yous can convince them to change the ruling, they can do so. An appeals courtroom must def er to the trial judge'due south ruling unless they find the judge made a legal mistake in making the ruling. Because of this difference, your best hazard is ofttimes wit h the judge who just ruled against you. The mail service-decree motions are besides much quicker and much cheaper than an appeal. And if y'all do not succeed with a mail service-decree motion , an appeal may even so be an selection.
5. Judges want to become it correct. You might not be thinking very highly of the approximate who but ruled against you lot right now. We certainly sympathize that . Merely in our feel, most judges want to get information technology right. For that reason, we frequently see judges who are open to reconsidering their own rulings. If you can file something that shows them where they messed upwardly, they volition consider it.
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