Schaumburg, IL asked in Probate for Illinois

Q: Can a judge in chancery div. Cook County send you down to file appearance and while gone rule in favor of plaintiff?

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1 Lawyer Answer
Bryan R. Bagdady
Bryan R. Bagdady
  • Probate Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: A judge may ethically enter any order that the judge deems appropriate under the circumstances and matters presented to that judge. From the way you phrased your question, it sounds like the judge abused his or her discretion under the circumstances. When a judge orders you to file an appearance, that usually means that you must do it within a specified time (as reflected in the order itself) or you must do it that same day if the order says "instanter." I cannot tell from your question what happened, but if you walked out of the courtroom when the judge told you to file an appearance, you may have created an awkward situation. Whatever transpired, you should immediately file a motion to vacate whatever order was entered and explain in your motion why your leaving the courtroom was acceptable. Judges are more often than not interested in doing substantial justice for the parties. Explain to the court that it is in the interest of justice and fairness that the prior order be vacated. I hope this helps. - Bryan.

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