Tulsa, OK asked in Civil Litigation for Oklahoma

Q: Civil case in OK. Can a judge use his own conclusions of law & finding of facts?

Judge made decision on case, but none of the conclusions of law or finding of facts submitted by attorneys were used.

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1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Edmond, OK
  • Licensed in Oklahoma

A: It would be highly unusual for a judge to base his decision on facts that were not presented in some form to the court. An attorney's "conclusions of law" are generally the result that the facts call require. It is possible that the judge focused upon facts or laws that neither side considered relevant or important. You should discuss with your attorney about the ability to appeal if you were aggrieved by the decisions.

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