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?

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.