# Can a Circuit Court Judge reopen a Civil case on which he has already given judgement



## elff009 (30 Nov 2010)

Can a Circuit Court Judge order to re open a Civil case on which he has already given judgement, if yes what are the circumstances under which he can do.


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## j26 (30 Nov 2010)

If the judge has given judgment, the next step is to appeal to a higher court, in this case it would be the High Court.


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## onq (30 Nov 2010)

I think the OP has more facts at his disposal than he has posted here j26 - would I be correct elff009?
If so, may I respectfully suggest that you'd be better off explaining the position more fully before asking a question like this.

Civil cases in the Circuit Court can take many forms and sometimes when a case is decided per se I think the person or body bringing the case can go back seeking an order of enforcement if a previous ruling was not complied with - more of a consequential following up, than a re-opening of the original case.

Think of someone ordered to pay a fine for example, or to turn up at a Garda Station to sign on regularly - and who fails to do so. I don't think matters like this proceed to a Higher Court.

I am happy to be corrected on this, particularly if my use of terms is incorrect.

I was also involved in a District Court case, where a Judge told the parties to go away and negotiate - there was no formal issue of a judgement and it was clear the case would be revisited if an agreement wasn't reached.

ONQ.


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## elff009 (2 Dec 2010)

ONQ, i don't want to take too much of every one's time by explaining the whole situation as to why am asking this Q. i am trying to help out one of my nephews who is a electrician. if i can get some information on what i originally asked, that would be really very great help. am aware when either the defendant or the plaintiff are not happy with the judgement given they may appeal in the high court, but what i would like to know is are there any situations where a circuit court judge can order to re open a case and he will review it. as i don't know  anything about this part of law, thought some one will shed some light on this.

elff009


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## whiskey1 (2 Dec 2010)

I am not a legal person but I have heard of a judicial review called a _'certiorari'. Google [broken link removed] for an explaination._


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## onq (2 Dec 2010)

elff009,

You came to AAM for advice.
You are not legally trained yourself.
You may not be in a position to consider legal principles.
You are asking questions about principles without offering full facts.
Present the full facts s_ans_ names, etc. if you want good advices in response.
Otherwise you may get half-relevant vage comments which could steer you incorrectly.

You taking up anyone's time should not cause you undue concern - we are all big boys and girls on AAM.
No-one begrudges his/her time on AAM, but questions asked without a good level of background can be difficult to answer well.
SO don't treat us as if you're being charged "on the clock" or use this for not making an effort to give relevant information, including your reason for asking.

Why, for example, are you focussed on this question, as opposed to a general question of how to proceed on the Circuit Court?
In two years of readong this forum, its teh oddest question I have come acropss to date.
The reason I am asking for background is that it "smells" wrong.

You have either been told something by a bar room lawyer or you have picked up some hearsay.
It would be useful to have the full facts before one of us bothers to research this for you - for free!
I didn't need to know it was your nephew, or that he's a sparks - just the  case facts in non-specific terms.



ONQ.


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## gabhain7 (3 Dec 2010)

The Circuit Court can before the end of the sessions in which it is sitting, and before the County Registrar draws up and perfects the order, revisit an order it has made. It is not functus officio until either the order is drawn up or the sessions end.

If the Circuit Court is functus officio (i.e. it no longer has jurisdiction to entertain the case as it has entered a final order), an appeal can lie to the high court. Alternativley the High Court can be asked in judicial review proceedings to quash the circuit order if it was unlawful.


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## Bronte (3 Dec 2010)

elff009 said:


> ONQ, i don't want to take too much of every one's time by explaining the whole situation as to why am asking this Q.


 
As Onq so eloquently put it please do explain the facts/case without names or location.


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## Vanilla (3 Dec 2010)

WAs it a family law case?


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## whiskey1 (3 Dec 2010)

What is the difference between an 'ex tempore' (spoken) judgment and a written judgement?

Is an 'ex tempore' judgement not final until it has been signed by the sitting judge and therefore is this kind of judgement  eligible for a judicial review?


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## onq (3 Dec 2010)

whiskey1,

You query seems to be off topic for this thread.
Although its hard to know exectly what the OP is looking for here.

You need to wait until you have enough time and/or posts.
Then you should open a new thread with a question like this.

There is a good reason for this.
High-jacking a thread by diverting it off topic with what seems to be an important legal principle or differentiation will just "waste" the answer - it'll remain "buried" in the thead.
Plus it means the original topic may not get an adequate response.



ONQ.


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## whiskey1 (3 Dec 2010)

> You query seems to be off topic for this thread.
> Although its hard to know exectly what the OP is looking for here.


 
The OP has mentioned a judgement in his opening thread. He may not have heard of a 'spoken' judgement. This may be what the judge has given in the summing up of the case. 

I do not see your point that I am off topic.


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## onq (3 Dec 2010)

whiskey1 said:


> The OP has mentioned a judgement in his opening thread. He may not have heard of a 'spoken' judgement. This may be what the judge has given in the summing up of the case.
> 
> I do not see your point that I am off topic.



Hmmm. So you *do* know more than at first appeared. YHBT. Carry on.

ONQ.


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## whiskey1 (3 Dec 2010)

I dont understand what your problem is. As I have already mentioned I am not a legal person but maybe that elff0099 might find my input helpful.

If my previous post was not up to your standard then why dont you just over look it like everyone else. This forum might be better off if you kept your comments to yourself.


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