Legal Question in Family Law in Oregon
money 4
my lawyer asked to be excused from the court room during my divorce trial to make phone calls concerning another case he had. Also My husbands lawyer was in talking to the judge and waiting for my lawyer while my lawyer was busy making phone calls. From the moment I entered the court room I could sense that the judges mind was already made up about me and i feel like I was not treated fairly.My husband told me when this all started that he was going to do everything he could to make me look bad in court and sure enough he twisted and turned, not anything I did, but everything he did to make me look bad. For example he did not come see our child for 3 to 3 1/2 months. He told the judge that I wouldnt let him see her. He was allowed 3 hrs. every saturday from the beginning of all this I figured it was up to him to make use of it. is there any way i could be granted a mistrial based on these things?
1 Answer from Attorneys
Re: money 4
QUESTION:
Is there any way i could be granted a mistrial based on these things?
ANSWER:
No. It is too late for a "mistrial" because the trial is already over and done.
BUT..... you might be able to get a "new trial" provided, of course, that you can assert grounds that fit within the scope of the "new trial rule" as set forth hereinbelow.
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Oregon Rules of Civil Procedure.
RULE 64 -- NEW TRIALS
A New trial defined. A new trial is a re-examination of an issue of fact in the same court after judgment.
B Jury trial; grounds for new trial. A former judgment may be set aside and a new trial granted in an action where there has been a trial by jury on the motion of the party aggrieved for any of the following causes materially affecting the substantial rights of such party:
B(1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented from having fair trial.
B(2) Misconduct of the jury or prevailing party.
B(3) Accident or surprise which ordinary prudence could not have guarded against.
B(4) Newly discovered evidence, material for the party making the application, which such party could not with reasonable diligence have discovered and produced at the trial.
B(5) Insufficiency of the evidence to justify the verdict or other decision, or that it is against law.
B(6) Error in law occurring at the trial and objected to or excepted to by the party making the application.
C New trial in case tried without a jury. In an action tried without a jury, a former judgment may be set aside and a new trial granted on motion of the party aggrieved on any grounds set forth in section B of this rule where applicable. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
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