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There are probably numerous instances, but I'll use the one I'm most familiar with.

You sue a debt collector for violating your rights, as illustrated in the linked video. There is a 12 month statute of limitations for you to sue, which extends from the most recent violation. There have been "numerous" violations. The judge wrongly throws out your suit because it has been more than twelve months since the first violation (but not the most recent one, as provided for by law). (See the comments to the video, not the video itself.)

Suppose the ruling is incorrect on its face. What do you do to vacate or overturn it? I would guess that this might involve an appeal, although one commenter suggested a motion to reconsider. Is this a relatively routine process of pointing out the error or is it one where the judge might fight "tooth and nail" against having a ruling overturned even if it is obviously wrong?

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    Isn't an appeal the obvious answer?
    – Greendrake
    Apr 3, 2021 at 4:51
  • Or, a motion for reconsideration
    – Trish
    Apr 3, 2021 at 10:44
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    The video and associated comments aren't at all informative as to what a hypothetical judge may have done, but there are three things to do: object, file a motion with the judge, and appeal the judge's actions. If you failed to mention that there are more recent violations, that's you're fault and not the judges – you should have provided all of the argument and evidence. You should have objected with the judge threw out the more recent event. The question needs to be narrowed down with more facts about the trial.
    – user6726
    Apr 3, 2021 at 15:44
  • @user6726 The judges says "I throw out the most recent event". Do you just say "objection, your Honor!"? I thought one can object like that against the other party only, not against the judge.
    – Greendrake
    Apr 5, 2021 at 2:09

1 Answer 1

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You file an appeal.

In federal courts, the procedure is governed by the Federal Rules of Appellate Procedure, and the process begins with filing a notice of appeal under Rule 4. The process is fairly similar in all the state courts, as far as I know.

If you've identified a problem with a ruling other than the final decision of your case, you could also file a motion for reconsideration under Rule 60 of the Rules of Civil Procedure. You would typically not use this procedure to contest the court's final judgment, as it would likely take so long to decide that your opportunity to appeal would be expired.

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    You could also file a Motion to Reconsider under Rule 59 alerting the judge to the judge's legal error and asking the judge to fix it. But this is usually only fruitful if the judge made the wrong decision mistakenly rather than out of a reasoned by incorrect decision making process.
    – ohwilleke
    Apr 6, 2021 at 4:23

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