Chesterfield, VA asked in Family Law and Child Custody for Virginia

Q: If the judge says he's not going to hear a case for modification only the case for contempt then makes a ruling on both

Is that legal

Related Topics:
1 Lawyer Answer
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
Answered
  • Divorce Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: Judges have a great deal of discretion in how they run their courtroom. Some judges even change their minds during the course of a proceeding. If a litigant does not like how a judge rules in a particular case, the litigant can either object with reasons to create a record for appeal, if the order is interlocutory or nonappealable at the time, or appeal to a higher court. Trial work is an art, not a science, and the best trial lawyers try to persuade the judge to their clients' position. The best trial lawyers are rather likable. Openly opposing the judge, appearing antagonistic or disrespectful in arguments, and/or complaining about how he or she runs his or her courtroom is a surefire way to blow a case. Judges are human, after all.

Anyone involved in litigation in Virginia should consult with an experienced Virginia trial lawyer.

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.