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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Judge Fails to Rule Within the Statutory Time Limit

    My question involves business law in the state of: CT

    I am a self-represented plaintiff (pro se by necessity not by choice) up against an influential law firm.
    The defendants filed a motion to dismiss.
    A full day hearing was held on the matter during which I truly believe I proved my prima facie case.
    I followed up with a brief that seemed to be iron-clad, and which should have advanced me to the discovery phase.

    Our practice book requires that a judge must rule on a short-calendar matter within 120 days, otherwise any party may petition the court for re-assignment of the
    matter to another judge. It was a straight-forward matter, yet it has been 105 days with no ruling.

    I have seen too much of the 'good ol boy' network in our judicial system to have a good feeling about this (including actions as blatant as transcript altering).
    I believe there is a plan underway to run out the clock and innocently re-assign the matter to another judge in the district, and if this happens I feel I will be denied neutral justice. I believe I should file a motion requesting a ruling prior to the deadline. Should I tout due-process considerations or just politely beg and hope for the best?
    Any meaningful feedback would be greatly appreciated. Thank you...

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Judge Fails to Rule Within the Statutory Time Limit

    What was the grounds for the motion to dismiss?

    Your talking about Sec 11-19 of CT PB? You have to wait until AFTER the 120 days have past ... 120 days? I have seen them longer ~ I would not press the judge on this, really.
    He is likely writing up a ruling memo ... I would give the judge until the last day you can file (13 days after the 120th day)....

    You can never predict anything based on the time ... a motion to dismiss in CT covers pretty narrow stuff (jurisdiction, failure to state a cause of action)...



    Sec. 11-19. —Time Limit for Deciding Short
    Calendar Matters
    (a) Any judge of the superior court and any
    judge trial referee to whom a short calendar matter
    has been submitted for decision, with or without
    oral argument, shall issue a decision on such matter
    not later than 120 days from the date of such
    submission, unless such time limit is waived by
    the parties. In the event that the judge or referee
    conducts a hearing on the matter and/or the parties
    file briefs concerning it, the date of submission
    for purposes of this section shall be the date the
    matter is heard or the date the last brief ordered
    by the court is filed, whichever occurs later. If a
    decision is not rendered within this period the matter
    may be claimed in accordance with subsection
    (b) for assignment to another judge or referee.
    (b) A party seeking to invoke the provisions of
    this section shall not later than fourteen days after
    the expiration of the 120 day period file with the
    clerk a motion for reassignment of the undecided
    short calendar matter which shall set forth the
    date of submission of the short calendar matter,
    the name of the judge or referee to whom it was
    submitted, that a timely decision on the matter
    has not been rendered, and whether or not oral
    argument is requested or testimony is required.
    The failure of a party to file a timely motion for
    reassignment shall be deemed a waiver by that
    party of the 120 day time.
    (P.B. 1978-1997, Sec. 211A.)

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

    Default Re: Judge Fails to Rule Within the Statutory Time Limit

    As I'm sure you know, 105 < 120. If the judge does not rule in a timely manner, you state that you already know your remedy. (As you can see from Practice Book § 11-19 - the rule governing short calendar matters that you appear to be relying upon - the actual date upon which you can first bring your motion is 120 days + 14 days.)

    If you want the judge to rule, reminding him may get him to rule. If you want the judge to miss the deadline so you can move to have the matter reassigned, reminding him may frustrate that goal.

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