Legal Question in Administrative Law in California

Asking for a ruling on matters before a trial?

Can I ask a judge to make a ''ruling'' on certain matters which, depending on how the court views these matters, so that I can argue my case better? For example, there is a matter of what I think is a ''personally important constitutionally protected interest'' at issue. If the judge does not agree then I would be arguing in the wrong way. However, I can't imagine this judge disagreeing with me on this -- but unless I can get a ruling how can I know for sure? Here the Respondent is arguing that I do ''not'' have such an interest in the matter. I would like to know ahead of time what the judge things it is. Can I make an ''ex parte'' motion, or any motion at all to get such a ''ruling'' so that I know where I stand with this judge on this issue? And how soon before trial do I have to make such a ruling motion? ---- Additionally, I would have to say unless the judge agrees that my ''personally important constitutionally protected interests'' are at stake, then I would have to say this judge is making a major mistake because he is bucking stare decisis, and I would have to appeal. But that would also make the trial a real bugger, and I might lose! So is there anything I can do if he does make such a ruling mistake?


Asked on 4/02/08, 2:57 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Asking for a ruling on matters before a trial?

No. Judges make rulings and decisions at the end of trials, or on ExParte motions brought in compliance with the pre-trial rules and procedures, or during the trial on objections raised against the admissibility of evidence, witness testimony and documents. You could bring a Summary Judgment Motion to get a ruling on the other side's case in advance of trial, not on your case. If you try to represent yourself 'pro per', you are held to the same standard of knowledge and conduct as attorneys. If you don't know how to do these things, you should get an attorney, who does, to avoid damaging whatever case you may have. You are using legal words in your posting, and broad assumptions of what the judge will and will not do, unsupported by facts. I can easily 'imagine this judge disagreeing with' you. There is a winner and a loser in every case. The loser gets to appeal, if there are proper grounds for it.

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Answered on 4/02/08, 1:50 pm
Clayton Lee Russakow, Ryan & Johnson

Re: Asking for a ruling on matters before a trial?

In addition, like a motion for summary judgment, is a motion for summary adjudication, asking the Court for a judgment on or more of your causes of action. There are pre-trial motions that can be made on freedom of speech issues (i.e. the Complaint and relief sought thereby infringes on your First Amendment rights), but from your facts, I cannot tell if that's your issue.

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Answered on 4/02/08, 2:42 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Asking for a ruling on matters before a trial?

It is also possible to bifurcate a trial, i.e., divide it into two phases. This is often done when resolution of one (or more) relatively easy issues will decide the outcome of the whole case, making it unnecessary to try the difficult issues. I don't know if that would fit your context; mandamus cases are a little different. If there is a case management or other conference coming up, you might raise your issue with the judge at that time, in the other party's presence or with his knowledge of your intent to raise it.

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Answered on 4/02/08, 3:29 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Asking for a ruling on matters before a trial?

It is also possible to bifurcate a trial, i.e., divide it into two phases. This is often done when resolution of one (or more) relatively easy issues will decide the outcome of the whole case, making it unnecessary to try the difficult issues. I don't know if that would fit your context; mandamus cases are a little different. If there is a case management or other conference coming up, you might raise your issue with the judge at that time, in the other party's presence or with his knowledge of your intent to raise it.

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Answered on 4/02/08, 3:34 pm


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