Drafting Final Judgment Process

Summary

In Arkansas, a judge can request an opposing attorney to draft the final judgment. The process involves the judge issuing an order, the attorney preparing the draft, and submitting it for review. If no official request is documented, you may challenge the judgment by filing a motion for reconsideration or appealing based on procedural errors. If the appeal period has expired, a collateral attack in federal court may be an option, especially if constitutional rights were violated. For wrongful foreclosure cases involving retroactive legislation, gather evidence, draft a petition, and file it in federal court.

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In Arkansas rules of civil procedure what is the proper procedure for a judge to request and opposing attorney to draft the final judgment

In Arkansas, the judge can ask an attorney to draft the final judgment. The process generally involves:
- The judge issues an order requesting the draft.
- The opposing attorney prepares the draft judgment.
- The draft is submitted to the judge and opposing counsel for review.
- Any objections or revisions are addressed before final approval.
Do you need more details on any of these steps?

If there is no official request in my court documentation is there any legal recourse to get the judgment overturned

If there is no official request in your court documentation for the opposing attorney to draft the final judgment, you may have grounds to challenge the judgment. Here are some steps you can consider:
- File a motion for reconsideration or to set aside the judgment, citing the lack of an official request as a procedural error.
- Appeal the judgment based on procedural irregularities, if the timeline for appeal has not expired.
Would you like more details on how to file a motion for reconsideration or an appeal in Arkansas?

The time for appeal has passed on that point where I was considering a collateral attack in federal court because of constitutional grounds due process and lack of a fair trial etc would that be a good option

A collateral attack in federal court can be a viable option, particularly if you believe your constitutional rights to due process and a fair trial were violated.
- Ensure you have substantial evidence of constitutional violations.
- Consider consulting an attorney specializing in federal habeas corpus or civil rights.
Would you like more details on filing a collateral attack in federal court?

Yes particularly on a wrongful foreclosure where constitutional rights were violated in regard to the retroactive legislation specifically acts * of * was used against my vested rights and the judge after the second hearing schedules the jury trial for the third time and then for some reason there's no request for the draft for the other proposing attorney but there is a final judgment out of clear blue is that grounds enough for collateral tech

It sounds like you may have strong grounds for a collateral attack in federal court, especially if you have evidence that your constitutional rights were violated. The improper application of retroactive legislation and lack of due process could be significant issues.
Would you like more information on how to initiate a collateral attack in federal court?

Yes

To initiate a collateral attack in federal court, you may consider the following steps:
- Gather Evidence: Collect all relevant documentation showing constitutional violations.
- Draft a Petition: Prepare a petition for a writ of habeas corpus or a civil rights complaint.
- File in Federal Court: Submit your petition in the appropriate federal court.
Would you like more details on drafting the petition or finding an attorney specializing in federal cases?

Yes could I get an example of filing a petition in federal court

Sure, here's a concise example of filing a petition in federal court:

~Sample Petition for Writ of Habeas Corpus
United States District Court
[Your District]
Petitioner: ****
Respondent: [Respondent's Name]
Petition for Writ of Habeas Corpus
*. Introduction:
- State your name and the nature of your petition (e.g., challenging a state court judgment based on constitutional grounds).
*. Jurisdiction and Venue:
- Explain why the federal court has jurisdiction (e.g., federal question jurisdiction under * U.S.C. § *).
*. Grounds for Relief:
- Clearly outline the constitutional violations and how they impacted your case (e.g., due process violations, wrongful application of retroactive legislation).
*. Facts of the Case:
- Provide a detailed account of the events, including the retroactive application of Acts * of * and the lack of a fair trial.
*. Legal Arguments:
- Support your claims with relevant legal precedents and statutes.
*. Relief Requested:
- Specify the relief you seek, such asoverturning the judgment or a new trial.
*. Verification:
- Sign and date your petition, attesting to the truthfulness of your claims.
Would you like more details on any specific section?

When there is a discovery request what is the normal amount of time that's considered due

The standard time frame for responding to a discovery request under the Arkansas Rules of Civil Procedure is generally 30 days. However, the court may set a different deadline based on the specifics of the case.
Would you need more information on how to request an extension for a discovery response?

In a foreclosure case the opposing cancel had about 3 years and still never produced the certified mail it for strict compliance so is that excessive length of time and what is what is average

The opposing counsel's failure to produce the certified mail for strict compliance over three years is indeed excessive and could be grounds for a procedural challenge.

Key Points:
- Average Response Time: Typically, responses to discovery requests should be provided within 30 days.
- Excessive Delay: Three years is significantly beyond the standard timeframe and may justify a motion to compel or a motion for sanctions.
Would you like more information on how to file a motion to compel or a motion for sanctions?

The trial has been over for a couple years it was similarly judged is there any recourse at this point

You might still have options:
- Post-Judgment Relief: You could file a motion for relief from the judgment under Arkansas Rule of Civil Procedure *, which allows relief for reasons including mistake, inadvertence, surprise, or excusable neglect.

Would you like more details on how to file this motion?

Yes

You can file a motion for relief from the judgment under Arkansas Rule of Civil Procedure *. This rule permits relief for various reasons like mistake, inadvertence, surprise, or excusable neglect.
Would you like a detailed step-by-step guide on drafting and filing this motion?

Yes I would

To file a motion for relief from judgment under Arkansas Rule of Civil Procedure *, follow these steps:
*. Draft the Motion:
- Title: Motion for Relief from Judgment.
- Introduction: State the case details and the judgment you seek to overturn.
- Grounds for Relief: Specify the reasons (e.g., mistake, inadvertence, surprise, or excusable neglect).
- Facts: Provide detailed facts supporting your reasons.
- Legal Arguments: Cite relevant rules and precedents.
- Relief Sought: Clearly state what you are requesting (e.g., vacate the judgment).
*. Attach Supporting Documents: Include any evidence that supports your claims.
*. File the Motion: Submit it to the court that issued the original judgment.
*. Serve the Motion: Ensure the opposing party receives a copy.
*. Attend the Hearing: Be prepared to present your case in court.
Would you like more details on any specific section or need help finding a legal form?

Drafting Final Judgment Process

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