Unhappy with the Judge's Order?
Receiving a judge's order that you disagree with can be frustrating
and overwhelming. However, if you believe an error has been made, there are
specific legal actions you can take to challenge the decision. It is essential
to act quickly, as there are strict deadlines and limited options available.
Below are the primary avenues you may consider:
1. Filing a Motion for Reconsideration
A Motion for Reconsideration requests the court to review its
decision due to a possible misunderstanding or overlooked evidence. This type
of motion is appropriate when a judge makes an honest mistake, such as
confusing financial details or misinterpreting ownership of an asset. However,
filing this motion means forfeiting the opportunity to file a Motion for New
Trial or an Application for Discretionary Appeal.
Key details:
· Must be filed within 10 days of the final
order.
· Should be reserved for minor errors or
misunderstandings.
· Eliminates the option for further appeals
if filed.
2. Filing a Motion for New Trial
A Motion for New Trial is a request for the court to redo the trial
due to new evidence or a significant legal change. This motion should only be
filed if:
· The opposing party actively hid evidence,
preventing discovery of the evidence before the trial.
· A legal change occurred immediately after
the trial that affects the outcome.
· This option remains available even if you
later decide to pursue an appeal.
Key details:
· Must be filed within 30 days of the final
order.
· Requires proof that new evidence was
unavailable despite reasonable efforts to obtain that evidence.
· Allows for an appeal if the motion is
denied.
3. Filing an Appeal
In Georgia, most divorce-related rulings are not automatically
eligible for appeal. Instead, you must file an Application for Discretionary
Appeal with the Court of Appeals. This application must establish one of the
following grounds:
· The decision lacks supporting evidence.
· The ruling contradicts well-established
law.
· Public policy in Georgia supports
changing the law on which the ruling was based.
If the Court of Appeals grants your application, you may proceed
with a full appeal. If denied, you have no further right to appeal the
decision.
Key details:
· Must be filed within 30 days of the final
order.
· Requires a strong legal basis for
reconsideration.
· Appeal rights depend on approval from the
Court of Appeals.
If you are unhappy with a judge's order, time is of the essence.
Understanding your options—whether filing a Motion for Reconsideration, a Motion
for New Trial, or an Appeal—is crucial to determining your next steps.
Consulting an attorney can help you navigate these legal procedures and
increase your chances of a favorable outcome.