Legal Question in Appeals and Writs in Oregon

Options When Unfavorable Ruling, Inaccurate Facts Used by Judge.

What are the options when a case has an unfavorable ruling? Can you list for me? I've heard of an Appeal, Mistrial, are there other options? How are they effective? What if the judge makes grave factual errors in the phrases he uses to base his decision, (which facts we can prove because some witnesses statement, and our supporting documents are misquoted to our detriment in his decision.) He didn't read documents that were in our favor, yet refers to sections that are against us. What if the judge allows in questionable testimony, hearsay, and completely ignores credible witnesses? If we went the route for an appeal, is there any way to get help toward the bond, or is there coverage for the bond required? Please help.


Asked on 6/09/05, 7:37 pm

3 Answers from Attorneys

Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Options When Unfavorable Ruling, Inaccurate Facts Used by Judge.

The previous poster is correct -- there is a lot more information you need to provide before a lawyer could help you with your case. Just remember one thing -- the deadlines are very strict in your situation, and you must move quickly to protect yourself. I recommend that you see a lawyer to protect yourself at once.

With regard to preventing the enforcement of any judgment against you, there are several options, most involving putting up money (a bond.) Commercial bonding companies are available to do this, but they will usually only provide the money if you have collateral; equity in a house is often sufficient. Please contact me if you need more information.

Matthew Mickelson

Mickelson & Mickelson

16055 Ventura Blvd., Ste. 1230

Encino, CA 91436

818-382-3360

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Answered on 6/10/05, 9:16 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Options When Unfavorable Ruling, Inaccurate Facts Used by Judge.

Your question sounds simple, but it is not. Before I could say what your options are I will need to know much more about the current posture of your case. Saying you have "an unfavorable ruling" isn't nearly enough.

Have you been through trial? If so, is the "ruling" actually the judge's verdict? Is it his decision on some post-trial motion? If so, what kind of motion was it?

Are you referring instead to a ruling on a pre-trial motion? If so, what kind of motion was it? Was it a motion for summary judgment? Did you bring the motion, or was it brought against you?

When was the decision entered? What was the substance of the decision? Some rulings are appealable while others are not. Some can justify a motion for new trial while others cannot. Some can only be attacked by a petition for writ of mandate or prohibition, but this option is not even available for others.

Are you in state or federal court? Is it some kind of specialized court (bankruptcy, immigration, family law, probate, etc.) or one of general jurisdiction? Are you the plaintiff or the defendant?

Please feel free to contact me directly if you want to discuss your situation in more detail. I am a certified specialist in writs and appeals, and I may be able to at least point you in the right direction after I learn more about your case.

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Answered on 6/09/05, 8:27 pm
Terry A. Nelson Nelson & Lawless

Re: Options When Unfavorable Ruling, Inaccurate Facts Used by Judge.

IF you are still within the time limits, you can file:

a motion for reconsideration of the decision;

an appeal.

Neither is easy or cheap. An appeal is quite costly, but if you are serious, and willing to do so, contact me to discuss the facts and proof, and the costs of doing it.

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Answered on 6/13/05, 10:14 am


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