The judge in my husband’s case awarded judgment on July 9, 2009 in favor of his ex-wife. He immediately filed a Motion Rule 60. Relief from Judgment or Order and Rule 59. New Trial; Altering or Amending a Judgment. These motions were scheduled to be heard by the judge on Aug 10th and now his ex-wife’s lawyer is trying to get the hearing rescheduled because he was originally withdrawing because he thought the case was over. Our question is how does this affect an appeal? We know there is only 30 days in which to appeal the judgment but if you file a motion for new trial, does this stay the 30 days to appeal it to a higher court? How does that work? Is it an either or kind of thing? If the judge doesn’t rule in his favor and say he gets a new trial, can this judgment still be appealed to a higher court? THANK YOU!!
does anyone have an answer for this question? Thank you!
We are desparate for an answer because the clock is ticking. Can someone respond please? Thank you.
The notice of appeal should be filed at this time as well. If the 59 and 60 motions are denied and the time for notice of appeal has lapsed by that point your husband could lose the right to appeal.
With regard to the Rule 59/60 motion, can her attorney reopen discovery and serve discovery questions on my husband before the motions are heard by the Judge? His ex-wife was verbally ordered by the judge to produce records to him before the trial. She never did but was able to use them in trial. This doesn’t seem right.
Also, is she supposed to respond to the motions before the hearing? Does she have a certain amount of time to do so?
Discovery can be reopened in the event a new trial is granted.
Right, in the event a “new trial” is granted. The motions haven’t even been heard by the Judge yet. Can her attorney serve discovery requests on my husband right now before the Judge hears the motions?
My Husband filed a Rule 59 & 60 Motion. The hearing is set for September 14th. Can opposing counsel serve discovery requests while we are waiting for this motion to be heard by the Judge? I thought until the Judge ruled on the motions that discovery couldn’t be reopened? Please please need someone to respond so we know if we have to answer these questions before the hearing??!! Thank you so much.
The discovery is permissible if it pertains to matters regarding your basis for relief from judgment or for a new trial, but cannot delve into issues unrelated to why you have filed the current pending motions.
Ok, her attorney is asking for the “newly discovered documents that were not available at trial” but the last time my husband produced documents to her (cancelled checks showing he paid her), she made up this total lie about them and the Judge believed her story without any evidence to back it up!!! Also, the judge allowed her to use documents in trial (bank records) that she ordered her to produce to my husband before trial but she never did. He didn’t get to see them until trial when her attorney used them as an exhibit. It was totally deceitful and the Judge allowed it all!! We don’t understand any of this and why would the Judge be so one-sided and unfair? We thought our judicial system was supposed to be fair. That he has a right to a fair trial. We don’t want to give her these documents in advance of the hearing because all she will do is make up more stories and lies to get around what she said in the emails!!! If she doesn’t see them until the hearing, she doesn’t have time to make up a story. There has to be a way to object or something. Very distressed!!
If the documents were not available at trial you must either produce them, or make an objection to the discovery prior to trial.
They were not available at trial. So what basis could we object on so she doesn’t get to see them before the hearing on the 14th?
If the documents are relevant and were not available at trial, you must turn them over.