I am requesting a cancel of judgment and answer on the many errors and discrepancies pertaining to my judgment i have just received. A couple of examples are, on the 'hearing proceeding document it says.." Plaintiff duly sworn and testifies' ' defendant is duly sworn and testifies" " (two names which were my witnesses the plaintiff) duly sworn and testifies ON BEHALF OF THE DEFENDANT". On another document is states that the defendant who did not show up "was present" and the one whom actually did show says they were not present. The judgment is full of discrepancies that i have outline for my argument to cancel the judgment. Do i have a leg to stand on
You are confused. You cannot simply "cancel judgment".
Your attorney may file petition to set aside judgment if not too late to do so.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have more than 25 years of successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case.
what you seem to be stating is that there are inaccuracies in the record of the proceedings which can be corrected by making a motion to the court or obtaining an agreement with the other side. They do not, in themselves, seem sufficient to overturn a judgment of the court. If there are errors of that kind you can make a motion for reconsideration noting what matters the court overlooked in reaching the judgment. You can also choose to appeal.
There are a few things you can do here: (1) ask the Court to correct the errors, if they are simply mistakes on the background, not the primary result; (2) you can make various post-trial motions, depending on the posture of your case, for reconsideration, for a new trial, or to set aside the judgment; or (3) appeal. The timelines for any corrective action in the trial court are very short. Once a judge has entered a final judgment, she loses jurisdiction (the power to act) over the case, except for a very narrow set of post-judgment actions. The preferred remedy for judicial error at the trial court level is an appeal. You have more time for that than your post-judgment motions but not a lot, likely 60 days from when the Court sent you the judgment.
Without knowing the facts of the case, I couldn't tell you your odds, but in the mistake you posit, stating that a witness testified for one party or another doesn't seem important. What is important is the nature of the testimony. Frankly, it doesn't matter who calls a witness, but how the Court judges the credibility and content of the witness.
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