I am in federal district court i have caught the judge making intentional errors on my claim in her writings to get my case dism

i am in federal district court i have caught the judge making intentional errors on my claim in her writings to get my case dismiss New York, NY dismissed i can prove it and when i did and showed her the errors or lies as i will call them that she has stated she refuses to correct herself. for example she makes claims theres no employee handbook. she claims i stated the person i am suing stopped contacting me at a certain time and i misunderstood the question then have police reports stating that he was still contacting me after that time.she refuses to correct herself.anyway, i am in appeals court, are they honest? are they going to go over what the judge did if the judge has made these types of lies and errors up?will they go against her if its true what i say? will the judicial misconduct

New York, NY -

Attorney Answers (3)

Jayson Lutzky

Jayson Lutzky

Divorce / Separation Lawyer - Bronx, NY
Answered

Discuss the matter with your attorney before you do anything.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

Most Judges are fair and neutral.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
Jack Richard Lebowitz

Jack Richard Lebowitz

Litigation Lawyer - Glens Falls, NY
Answered

If you are a pro se litigant, I recommend you seek legal counsel. From your question, it seems the judge has granted opposing counsel's motion to dismiss and you are now seeking an appeal of this ruling.

Almost, always Judges do not dismiss cases on their own motion, they rule on the opposing counsel's motion, which here seems to suggest there was not triable issue of fact about the employee handbook and the police reports, etc., which means there was no evidence in the form of documents or affidavits before the court properly establishing that the facts were as you claim.

The reason for this is not clear. You or your attorney may not have introduced this evidence properly or the judge did not find it relevant or credible to overcome the opposing counsel's motion. In any event, the appeal is limited to the record before the trial judge, so you may not make new arguments or introduce new evidence that was not properly before the first judge. If that happened because you just failed to produce it or comply with the valid rules of evidence in raising a triable issue of fact, you don't get to do a "re do".

I agree with the other counsel that judges are typically fair and impartial. They are the referees and not contestants in an adversarial system. It's unlikely the judge would take it upon him or herself to dismiss your case summarily if you presented a triable issue of fact in the proper way. But the rules of evidence are very strict and if you unwittingly didn't provide the proper proof in the proper form, it would not have been correct for the judge to consider it.

You need to discuss this with an attorney.

This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.