My case was heard in front of one of the corrupt judges in this county. If I disagree with the judge’s ruling on motion for relief from judgement since he didn’t know the case and he was the only who hears motion 60 cases other than the original judge , can I request that my case be heard in front of the original judge? What do I need to do?
Can I file an appeal and then request the other judge?
To specify what happened, the custody order was typed up incorrectly and I had the recording of the original judge’s order. This judge would not even listen to the recording and said that it was okay if a judge changed the order before it was typed up, but that is not what happened. My ex’s attorney deliberately typed it up incorrectly to give him more overnights. The judge would not let me present any evidence for any of my motions. In addition, he was repeating some of the things my ex had told me over the phone the other night so I feel like they were all talking before the case was even heard. He came in unexpectedly as the other judge said she does not preside on motion 60s and the only one who would was this particular judge and the original one. I was requesting that the original judge hear the case, but this judge just came in and presided anyway.
Another thought, could I file another motion for relief from judgement when the original judge is scheduled and type a different reason…instead of filing under 60 (b) 1 or 6…list reason 60 (a) to get the custody order typed up correctly. This judge dismissed my motions based on 60 (b) 1 and 2 because timing was longer than a year, and for 60 (b) 6 because he said the judge can change the order before it was typed up…which is definitely not what happened in this case.
However 60 (a) lists clerical mistakes…that a judge can change the order at any time at the motion of one of the parties.
Another question, can the original judge just change the order herself if she realizes that the lawyer has typed it up incorrectly. I think they contacted her today, but she was unable to come to hear the case today. Sorry for so many questions…just trying to figure out what to do now. Thanks so much for your help.
If you file an appeal, the case will go to the court of appeals, not to another judge in your county. If your motion was denied, filing another rule 60 will likely just act to get you back in front of the same judge. In my opinion you have exhausted your options in district court. If you are seriously considering an appeal I strongly suggest you retain a lawyer.