Sunday, January 24, 2010

Can opposing counsel stop a motion for a new trial in a civil case?

I'm am in the middle of a divorce, and am pro se, and opposing counsel had our divorce ';proved up'; without my knowing it. The judge signed my motion for new trial and order for new trial in November. But now can opposing counsel file a motion to stop that new trial motion??Can opposing counsel stop a motion for a new trial in a civil case?
He has a right file a motion to ask the judge to reverse his order. He did that. Now the judge has to decide if he wants to change his mind or not. Unless the other attorney can produce really good reasons that he did not produce before the ruling, the judge will deny the motion. The other attorney can not reverse a judge's ruling.Can opposing counsel stop a motion for a new trial in a civil case?
Well all they have to do is object to your motion. They don't have to file a motion to stop a motion. Anyway if they are involved in the trial, they can always file to not be in the trial or stop it.

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