Why a Judge Might Delay a Ruling
Clients
frequently ask why judges don't always rule from the bench in their case. There are many reasons why they don't. In cases with contradictory evidence, judges
sometimes want to review and consider the exhibits and testimony at length
before finalizing a ruling. Sometimes
judges don't want to give litigants bad news to their faces. On other occasions judges ask the attorneys
to prepare proposed orders for the Court's consideration, either due to time
constraints, disinterest, or for other reasons.
Understanding Court Delays
When judges do
rule from the bench, they often ask the attorney for the prevailing party to
draft an order containing the Court's ruling.
It can take several days or longer to complete a draft, especially in a
complicated case. That delays a final
ruling and order even further.
Georgia law does
provide some deadlines. O.C.G.A. §15-6-21
mandates that orders in courts in counties with less than 100,000 inhabitants
be entered within 30 days of the hearing or submission of the issue, and within
90 days in counties with populations over 100,000.
But what happens
when a judge still does not enter an order?
Well, that is a tricky scenario.
While an attorney and his client want to hear from the court, pushing
too hard to get that overdue ruling can sometimes backfire. It's a delicate balance of politely following
up without being pushy. Sending an email
or follow up letter after 30-45 days is probably a good idea. Once the statutory deadline has passed,
however, sending a stronger letter with a reminder to the court that the
deadline expired will frequently prompt a response, especially if a judge is
concerned about formal complaints from a judicial oversight agency.
In any event,
badgering, threatening, or harassing the Court is not advisable. But being both polite and persistent
generally will result in a court doing its job and entering its ruling. It's just a fine line that must be walked with
caution.