Legal Question in Legal Malpractice in Utah

I would like information about obtaining a mistrial

I went to court on a civil stalking injunction that I filed against an individual. There are many details of the case that are questionable but the basis of my question is this: The judge never did address my complaint and did not give me an opportunity to speak or present any evidence (I was pro-se). She ruled on a custody/visitation issue regarding the defendants children in this case (this was not part of the complaint and should not have been discussed in this hearing). The judge was confused about this type of injunction (because of its newness). This is apparant in the audio tape (which I have received) of the hearing. I attempt on at least six different occassions to explain to her that she was confusing this with an ex-parte protective order and she would not allow me to speak. Please let me know what the criteria is for having a mistrial. Thank you


Asked on 2/16/02, 1:31 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: I would like information about obtaining a mistrial

File a motion for reconsideration on the issues which you think were mishandled. Detail each issue that you question, including that the issue was not properly noticed, that not all of the evidence was presented, etc. If you case was heard by a commissioner you can appeal to a judge. If heard by a judge you ask for reconsideration.

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Answered on 2/16/02, 11:14 pm


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