Legal Question in Family Law in Washington
Divorce and Appeals
What information does a Judge use to make his/her decision at trial based upon? For example, let�s take a dissolution case that takes over a year to get to trial. But, during that year time, there are a number of hearings, declarations, motions, depositions, attorney changes, interrogatories, rulings, etc. Let us also assume that the same Judge sits for all of the pre-trial hearings, motions, declarations, etc., as well as is the presiding Judge during trial. Is that Judge obligated to consider all legally provided information that he/she has seen, heard, etc., both before (such as at the hearings, and through declarations, etc.) and during trial? Specific findings would be great, whether they be Federal, or limited to Washington State.
1 Answer from Attorneys
Re: Divorce and Appeals
What the judge considers at trial is the testimony and credibility of the witnesses, the briefing provided (trial brief), the evidence offered and admitted, and the laws, statutes and caselaw argued to the court at trial. I can't help but think that your question is fairly loaded - sounds like you are not sure if you got a fair shake or not. Judges are not fools and they do not suffer fools gladly. If the same judge has overseen the whole process then he or she has a pretty good idea of the tone and tenure of the parties, the problems with the case and whether or not one (or both) of the litigants or the attorneys involved is fee churning. If you are not satisfied with what happened you have 30 days to appeal it and ask an appeals court to review what happened. Good luck.
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