Oct 6, 2024 -
If you are filing a Verdicts Waiting on Appeal lawsuit against a judge, jury, or other officer, the first step in filing your complaint is to obtain the necessary documents. This includes the judge's judgment and/or verdict, as well as all supporting evidence. There are two reasons that a judgment and/or verdict must be provided to a plaintiff's attorney, one of which is that the defendant has the burden of proving that it did not commit the alleged offense. The second reason is that if the plaintiff fails to provide such proof, the plaintiff's attorney must wait for the defendant to produce the judgment and/or verdict, then the court must decide whether or not the judgment and/or verdict was obtained in error.
At this point, a judgment can either be awarded or discharged. It is always advisable to retain an attorney, unless you are able to convince a judge that you should not need to obtain such evidence. In that case, the judge would simply deny your request. If, however, there is a substantial amount of evidence to support your claim, you may wish to retain an attorney. If a judge denies your motion for a Judgment in Lieu of Dismissal, you will then have to file a Motion for Judgment in Lieu of Dismissal.
This involves filing an opposition to the dismissal of your case. The attorney may also be called upon to cross examine witnesses if they are called as a witness by the defendant during their defense.
If, at the end of the litigation, your case was discharged without a judgment, you may still want to pursue it. If the judge who dismissed your case did so in error, you may want to obtain copies of the court transcripts for a hearing. You may also want to obtain a copy of the court order granting the defendant's motion for summary disposition.
You should be prepared to produce an expert witness (such as an attorney) if the judge dismisses your case without a court order. A "fact finder" must be appointed by the court and that person must make a determination as to whether the defendant has indeed committed the alleged offense. In other words, if the plaintiff is proven to be guilty, the plaintiff's attorney must hire an expert to find out who committed the alleged offense, so he or she can present that evidence to the jury in court.
If, however, the jury or court decides in your favor, you may wish to consider pursuing a lawsuit to recover your judgment. If the jury or court dismisses your case, you may wish to consider hiring an attorney to sue the defendant to recover your judgment. Once again, a "fact finder" must be appointed by the court and this person must make a determination as to whether or not the defendant has committed the alleged offense.
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