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Can a Judge Refuse to Reconsider his Ruling

A lawyer asks the judge to reconsider his ruling. The judge refuses and inform the attorney that if he does not like his ruling he can take it up on appeal. Can a judge say this?

The Judge can Refuse to Reconsider

The answer is yes; a judge can make a snap decision and stick to it such as this. For instance, your lawyer is questioning a witness, the defense objects to a particular question, the judge says, “objection sustained”, and stops the witness from answering the question. Here the judge has made a snap decision about whether your lawyer can question the witness about a particular topic.

If your lawyer does not like the judge’s ruling, can he ask the judge to reconsider his ruling? Yes, you lawyer can ask the judge to reconsider. However, what is the likelihood of the judge reversing his decision, immediately after he has ruled that the lawyer cannot ask that question? The chances are extremely small. This is just human nature and it is unfortunate.

When your lawyer raises the argument for the judge to reconsider, and starts to whine and complain, what is the judge most likely going to do? This can be compared to a child, who is clearly upset and complaining, and the adult ignoring the child. However, here the judge cannot ignore the attorney and has to provide guidance. The judge can tell the attorney that if he does not like his ruling, the attorney can take this up on appeal, if he loses the case.

The Judge has to make Quick Decisions

During the course of trial when an attorney objects, the judge has to make a snap decision about whether to allow a particular question to be answered, or whether to allow a particular piece of evidence to be presented to the jury. Now, if the lawyer has case point to support his position, he can present it to the judge. The lawyer can tell the judge that he has certain case(s) on point that supports his position about why he can ask the witness these particular questions.

This will put the judge in a bit of a quandary. Should he take the time to actually read and analyze the cases that the lawyer is talking about, or should he simply stick to the ruling that he has already given and allow the case to move forward. Well, it can go either way, and it will mainly depend on the case and point raised by the lawyer.

The Judge is More Likely to Reconsider if the Lawyer Presents Case Points

If the lawyer is able to put forward important case points while asking the judge to reconsider, then there is more likelihood of the judge reconsidering his decision. The judge will at least listen to what the attorney has to say, and he might even take time to analyze the case points presented by the lawyer who wants to derive this information out of the witness, if the judge feels they are important to the case. However, the judge is also entitled to simply reject all case points, adhere to his original ruling, and inform the attorney to proceed.

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April Johnson
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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