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  1. #1
    Join Date
    Oct 2010
    Posts
    4

    Default Forcing Findings of Facts

    My question involves court procedures for the state of: Oregon


    Hi, first post, and I'm just a bit of a law hobbyist, so please have oversight with any mistakes I'm making with questions and what not.

    I have filed a motion to vacate a judgement in a municipal court. The judge responded by denying my motion without any explanation as to why the motion was denied. I filed a motion to reconsider motion to vacate judgement explaining that I need to know why my motion was denied. This was also denied.

    Summary: Can I force the judge to tell my why my motion has been denied? What's my remedy? Can the judge just keep throwing things back and saying denied even though she's (the judge) the one in violation of the law?

    Thank you in advance

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Forcing Findings of Facts

    No. The court can't be bothered. There is no such motion in small claims. In fact there is virtually no motion practice at all.

    You need to appeal the decision of the municipal court to a higher court, which depends on your state setup. Here we have county and circuit courts. When you appeal the decision in the small claims court, that decision is in effect vacated. It is not really an appeal as it is an entire whole new trial.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Forcing Findings of Facts

    You cannot force the judge to explain his ruling on your motion. The implicit basis is that his ruling on the original claim was correct. Your remedy is to follow the appeals process available for the court in which the matter was litigated.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Forcing Findings of Facts

    if denied then this is actually good that no written memo was written.

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