Pinellas Park, FL asked in Civil Litigation and Estate Planning for Michigan

Q: Can I get a new trial if the presiding judge in my case publicly said he didn't decide my original case on its merits?

1 Lawyer Answer
Trent Harris
Trent Harris
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: If what you said is true, you could file a motion to set aside the judgment and request a new trial. But it would most likely be within the discretion of the court whether to grant your motion. You would most likely need to identify one or more legal errors that affected the outcome, and facts to show that had the judge decided the case on its merits, the outcome of the case would've been different. If the outcome would've been the same on the merits, then the error was harmless. Please make an appointment for an in-person consult with an attorney to discuss your case in more detail.

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