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mr.yet · May 20, 2006, 02:05 PM

After a trial or hearing, does the judge have to dismiss and adjourn the court?

What is the proper procedure when the court have finished with the business at hand?

What are the results if the judge fails to dismiss and adjourn the court?

Will the Court consider the case still open?

Would this be consider judicial misconduct?

RickJ · May 20, 2006, 03:11 PM

Hoping it's OK to guess on this one... :o

I would imagine that each court has a designated word, phrase or action that affirms that "it is done"... but can guess that if the formality of it were not followed, that it would not be considered "misconduct".

mr.yet · May 20, 2006, 04:47 PM

Adding to the original question.

The judge in this case, never adjourned the court nor dismiss the plaintiff and defendant to leave.

The judge when he was finished making his decision, without warning his staff or the recorder, simply stood up and exited the bench into his office.

He caught everyone off guard.

I would consider this to be judicial misconduct and totally rude for a person in that position.

So with that said, would this case still be open ?

Anyone attorney's out there on this one?

RickJ · May 20, 2006, 05:47 PM

There's got to be more to the story. So with everyone sitting around wondering what was up, what happened next? Did the Bailiff or any other court representative not say anything? We do have a couple attorneys here, but I'd have to think that more info is needed...

mr.yet · May 21, 2006, 03:10 AM

We asked if we were free to go of the balliff, he did not response, so the attorney for the plaintiff and I left. I have order a copy of the transcript, but they told me 3 weeks before it will be ready. I want to see if the court reporter correctly noted no dismiss or adjournment.

If the court required proper decournment what happen with this judge?

Fr_Chuck · May 21, 2006, 08:30 AM

The court can be continued, continued pending certain action on the part of the defendant ( often in traffic cases the judge will agree to dismiss a case if traffic school is done within so many months, so the actual case is continued until a future date.

If the judge dismisses the case it will be either with or without prejustice, if or if not they can retry the case in the future.

I a case is continued it is still open till there is a decission on the case.

For a case to end, it will either be a plea, nolo or guilty, or a verdict, guilty or innocet.

If you wish to find out the ruling on any case, you can review the court files to see what was the final ruling on a case.

The judge normally does not set the court schedule, so he would not be the one that would forget to call a case back, This is the court clerk that sets the schedule.

Attorneys from both sides often ask for the case to be continued, and continued.

dirty88 · Feb 19, 2010, 09:26 AM

Say some one did not know about a filed Complaint that has a non man.court date and had a Non appearance to the date and it the conclusion was.Defendant not present. Court adjourned this is for a 940.19(2) Substantial Battery-Intend Bodily Harm do you think they will farther the case and or send out a warrant? Or let the case go fyi the def is not guilty?

AK lawyer · Feb 19, 2010, 11:17 AM

Originally Posted by mr.yet

Adding to the original question.

The judge in this case, never adjourned the court nor dismiss the the plaintiff and defendant to leave.

The judge when he was finished making his decision, without warning his staff or the recorder, simply stood up and exited the bench into his office.

He caught everyone off guard.

I would consider this to be judical misconduct and totally rude for a person in that position.

So with that said, would this case still be open ?

Anyone attorney's out there on this one?

What kind of proceeding was it? A court trial? A motion hearing?

I think it would be safe to say that the hearing is over.

If a final judgment signed by the judge isn't in the file, the case is still open.

If it was a hearing on a motion, and an order either granting or denying the motion wasn't entered, the motion is still pending.