Is this grounds to grant a request to cancel judgment and answer on behalf of me..the plaintiff?
3 attorney answers
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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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.
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You are confused. You cannot simply "cancel judgment".
Your attorney may file petition to set aside judgment if not too late to do so.
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