I lost a trial and the defense lawyer filed a motion for attorney fees totalling over $100k. But at a hearing the defense withdrew the motion.
The problem is, the judge tried to reinstate the attorney fees because she's a total b*tch. So the defense may refile for the fees. But I've been told that time to refile has passed (60 days after verdict) so what are the chances the defense can refile and win the fees?
What recourse would I have if they refile and win? Wouldn't the judge be breaking the rule by allowing the defense to file after the 60 days period????
Answer:
Thats a heck of a trial. Your lawyer should be there and objecting to the fees if it brought up again. Your lawyer should be better able to advise you based on the specifics of your circumstances and what your options are in the event the judge rules against you.
Don't you have a lawyer? He should be answering this question - it really depends on the state you're in and the court you're in.
If the limit has passed and they attempt to refile you can appeal on that basis and win.
Yes, and that would be grounds for appeal of any decision granting costs and fees to the defense.
As would the fact that the judge may have exceed her authority by acting sua sponte in the face of the defense withdrawal of the motion.
You may not win, but it would definitely be worth the appeal
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