Oklahoma City, OK asked in Family Law for Oklahoma

Q: Can a Judge change his ruling in Oklahoma in less then 30 minutes. I heard the Judge and the GOL are a secret couple.

The judge ask if anyone had anything else to add, my attorney, exwife’s attorney, and the GOL all 3 stated they did not. The Judge said that his Ruling was unsupervised visits every other week. The GOL jumps up and haves a fit. The judge said that nobody made him believe that I committed any kind of domestic violence, So that why he ruled unsupervised visits. The GOL just rambles a bunch of stuff that she was totally off about and presented more evidence to the court which none of it’s true, after 10 mins of her rambling and grasping for whatever, the judge was frustrated and said he had not seen anything that she was talking about and my attorney and my exwifes attorney said they had not seen anything like it either. So the judge took a recess and then came back in court upset, said that I had to have supervised visits. My question is can more evidence be presented after the judge made his ruling the first time? The thing’s the GOL was saying was stuff that nobody else seen.

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1 Lawyer Answer

A: Oklahoma Statutes, title 12, Section 1031, says,

"The district court shall have power to vacate or modify its own judgments or orders within the times prescribed hereafter:

1. By granting a new trial for the cause, within the time and in the manner prescribed in Sections 651 through 655 of this title;

2. As authorized in subsection C of Section 2004 of this title where the defendant had no actual notice of the pendency of the action at the time of the filing of the judgment or order;

3. For mistake, neglect, or omission of the clerk or irregularity in obtaining a judgment or order;

4. For fraud, practiced by the successful party, in obtaining a judgment or order;

5. For erroneous proceedings against an infant, or a person of unsound mind, where the condition of such defendant does not appear in the record, nor the error in the proceedings;

6. For the death of one of the parties before the judgment in the action;

7. For unavoidable casualty or misfortune, preventing the party from prosecuting or defending;

8. For errors in a judgment, shown by an infant in twelve (12) months after arriving at full age, as prescribed in Section 700 of this title; or

9. For taking judgments upon warrants of attorney for more than was due to the plaintiff, when the defendant was not summoned or otherwise legally notified of the time and place of taking such judgment."

Oklahoma Statutes, title 12, Section 1031.1, says,

"A court may correct, open, modify or vacate a judgment, decree, or appealable order on its own initiative not later than thirty (30) days after the judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title has been filed with the court clerk. Notice of the court's action shall be given as directed by the court to all affected parties."

So, if the judge complies with the above statutes when he changed his order, he is following proper procedure.

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