motion for new trial was filed two year ago and the judge has yet to rule on it, is there any type of motion that can be filed to require the judge to make a ruling?
Have your attorney explain why the delay. If you do not have an attorney, that itself might be the reason, so hire one. IT would be uncommon for a three year wait to decide a motion.
Unfortunately, it can take that long to get a ruling and there's really not much a defendant can do to move things along. The judge has as long as he or she wants to rule and there's no statute or other rule preventing them from taking that long. Plus, any kind of agitating from the defendant more or less guarantees an adverse ruling from the court on the motion (though in most cases that's going to happen regardless). Hopefully the defendant and his attorney are using the time wisely to get ready for an appeal of if one is necessary. Once the case does go up, an appellant only has 20 days to file his appeal, which is just not a lot of time.
Has the motion already been heard? Do you have an attorney who represented you at the hearing? If you have an attorney, have you spoken with him or her regarding the delay? What were you convicted of? Which Judge has not responded yet? Was it a misdemeanor or felony charge? Was it in Fulton, DeKalb or somewhere else?
While this is not common it can take a long time to get a ruling on these motions.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
Georgia code requires that following hearing a judge must issue an order within certain time periods. Failure to do so according to the Georgia Supreme Court may constitute grounds for impeachment of the judge but not grounds for a party to prevail. This would be something for your lawyer to delicately address with the judge.
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