Timeline for Is a judge required to explain his ruling?
Current License: CC BY-SA 4.0
11 events
| when toggle format | what | by | license | comment | |
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| Dec 14, 2022 at 19:07 | comment | added | ohwilleke | @S.O.S. Perhaps, but the appeal comes much later and it is very common for a ruling on a motion to not address every issue at length. Often one argument alone is sufficient to decide the matter. Judges have hundreds or thousands of cases each year to rule upon and late or incomplete rulings are common. | |
| Dec 14, 2022 at 5:39 | vote | accept | S.O.S | ||
| Dec 14, 2022 at 5:38 | comment | added | S.O.S | @ _ohwilleke If this is the case then logically the judge should be required to thoroughly debunk each argument in a motion to compel arbitration and if the judge fails to do so this would be grounds to appeal the motion? | |
| Dec 14, 2022 at 2:09 | comment | added | ohwilleke | @S.O.S. "an appeal may be taken from" means that the order is appealable. the rules on when arbitration rulings may be appealed are an exception to the general rule. | |
| Dec 14, 2022 at 1:53 | comment | added | S.O.S | Thanks again for your reply. I'm sorry if this is obvious but "an appeal may be taken from" means that the order is appealable or that it is not appealable? It sounds like (from your other comment) that arbitration is the exception to the general rule and an order to dismiss a motion to compel arbitration is appealable (even though other kinds of motions are not) Did I understand you correctly? | |
| Dec 14, 2022 at 1:37 | comment | added | ohwilleke | @S.O.S. the Washington State statue which is typical of the Uniform Act is here: app.leg.wa.gov/RCW/default.aspx?cite=7.04A.280 (1) An appeal may be taken from: (a) An order denying a motion to compel arbitration; (b) An order granting a motion to stay arbitration; (c) An order confirming or denying confirmation of an award; (d) An order modifying or correcting an award; (e) An order vacating an award without directing a rehearing; or (f) A final judgment entered under this chapter. (2) An appeal under this section must be taken as from an order or a judgment in a civil action. | |
| Dec 13, 2022 at 23:40 | comment | added | S.O.S | @ _ohwilleke thanks for your reply. In this example, the court dismissed the motion to compel arbitration without providing a thorough explanation. My question is if it were filed as a complaint to compel arbitration instead of a motion and the complaint was dismissed, would the dismissal of the complaint (to compel arbitration) be appealable? Or there is no distinction between the two (both are not appealable)? | |
| Dec 13, 2022 at 23:27 | comment | added | ohwilleke | @S.O.S. If a court compels arbitration, due to a special arbitration specific rule not followed in other kinds of cases, that ruling can't be appealed until the arbitration is completed. | |
| Dec 13, 2022 at 23:24 | comment | added | S.O.S | ..it seems like a natural conclusion that filing a complaint to compel arbitration provides at least one practical legal benefit - which is that if the complaint is dismissed it can be appealed and the party filling the complaint is entitled to receive a clear explanation as to why it was rejected? Would you concur? | |
| Dec 13, 2022 at 23:24 | comment | added | S.O.S | Interesting. Thanks for your insight. Said motion was filed as a motion to dismiss the case and compel arbitration. In a recent question I discuss the option of filing a complaint to compel arbitration instead of a motion to compel. I raised the question of whether there is any legal benefit to using one venue over the other (motion vs. complaint). Based on the response you provided here... | |
| Dec 13, 2022 at 23:16 | history | answered | ohwilleke | CC BY-SA 4.0 |