Decision letter ... what will be included?

[hbrooks7]

What is the name of your state (only U.S. law)?

First: thank you all for the good advice I got some time ago. Hearing was held and decision will be mailed. I know I'll eventually find out, but can anyone tell me if the Magistrate decision will have any explanations behind the eventual ruling ... i.e. why he decided one way or another ... or will the letter just declare the winner and award (if any). I think his opinions would be valuable regarding how I go forward, like whether or not to file an appeal. I've been reading the threads here and I'd only want to appeal if I could see reason for it in the judge's opinions (if offered).

Thanks!

 

[quincy]

What is the name of your state (only U.S. law)?

First: thank you all for the good advice I got some time ago. Hearing was held and decision will be mailed. I know I'll eventually find out, but can anyone tell me if the Magistrate decision will have any explanations behind the eventual ruling ... i.e. why he decided one way or another ... or will the letter just declare the winner and award (if any). I think his opinions would be valuable regarding how I go forward, like whether or not to file an appeal. I've been reading the threads here and I'd only want to appeal if I could see reason for it in the judge's opinions (if offered).

Thanks!

Included with the decision should be a finding based on the facts and a conclusion based on the laws. If not included with the written decision, you can request this through an amended decision. There is a limited time within which to do this.

 

[latigo]

Included with the decision should be a finding based on the facts and a conclusion based on the laws. If not included with the written decision, you can request this through an amended decision. There is a limited time within which to do this.

On what authority is a Magisterial District Judge in a Pennsylvania small claims case required to include in the court's final ruling written findings of fact and conclusions of law?

For what possible purpose could such findings and conclusion serve on an appeal from such a court, which is not a court of record and the matter is tried de novo before a Court of Common Pleas?

 

[FlyingRon]

I agree, if this is Pennsylvania we're talking about, you won't get much of an explanation. The judge will agree with one side or the other or perhaps insert some reason why he picked a middle ground, but frankly, you won't get any more recorded than what he said in court (if that much).

Even in regular civil initial decisions it's usually just a matter of agreeing with points made by one side or the other. Judges don't need to write explanations like in appellate decisions.

 

[hbrooks7]

On what authority is a Magisterial District Judge in a Pennsylvania small claims case required to include in the court's final ruling written findings of fact and conclusions of law?

For what possible purpose could such findings and conclusion serve on an appeal from such a court, which is not a court of record and the matter is tried de novo before a Court of Common Pleas?

The purpose would be for me, if I lost, to understand why I lost. Which would help me know whether or not to appeal.

 

[quincy]

On what authority is a Magisterial District Judge in a Pennsylvania small claims case required to include in the court's final ruling written findings of fact and conclusions of law?

For what possible purpose could such findings and conclusion serve on an appeal from such a court, which is not a court of record and the matter is tried de novo before a Court of Common Pleas?

I'm sorry, but are you saying the magistrate's decision should NOT be based on the facts and the magistrate's conclusion NOT be based on the law?

 

[hbrooks7]

It would just seem to me that such info from the judge would be useful for both parties, as each determines if and how to proceed ...

 

[HRZ]

The decision, if explained, might be of guidance but of no weight if appealed and it's de novo.

I've gotten many a dj decision but never recall a one that had any sort of written analysis ..that came orally from bench.

 

[quincy]

hbrooks7, your case was heard in Philadelphia, right? Or am I mistaken?

 

[hbrooks7]

Bucks County. It was a very good experience. Judge was very fair.

 

[hbrooks7]

The reason why I ask about getting an explanation: I did make an "error of omission". Simply overlooked something, due to not being quick enough on my feet. If it is relevant to a decision against me, then I'd be very confident with an appeal. But I won't know that if I just get a sheet with a block checked.

By the way Quincy, thank you especially for your helpful insight in the prior thread.

 

[hbrooks7]

Question about appeal. First, the decision in my case was split ... two defendants, judgment in my favor vs. one of them. But no damages. There was a significant "error of omission" which I think led to the ruling on damages. Not certain, though.

But as I consider appealing I am wondering if I can amend and direct it only towards the one defendant against whom I received the favorable judgment - not appealing the other - but also asking for a smaller amount of damages for one very specific infraction. Or, when one appeals, does one have to list the original defendants and damage request?

I know it starts over de novo and would be in front of a panel of three attorneys ...

Thank you!

 

[quincy]

Question about appeal. First, the decision in my case was split ... two defendants, judgment in my favor vs. one of them. But no damages. There was a significant "error of omission" which I think led to the ruling on damages. Not certain, though.

But as I consider appealing I am wondering if I can amend and direct it only towards the one defendant against whom I received the favorable judgment - not appealing the other - but also asking for a smaller amount of damages for one very specific infraction. Or, when one appeals, does one have to list the original defendants and damage request?

I know it starts over de novo and would be in front of a panel of three attorneys ...

Thank you!

At this point, hbrooks, I am going to recommend you see an attorney in your area. You will want one for an appeal anyway and the attorney you see can review your case and advise you on the wisdom of an appeal.

An appeal is a risk. You could lose your action this time around and have to pay the other side's legal fees. In addition, the evidence you were allowed to present before the magistrate (e.g., emails) will often require authentication now. The major positive I see for you is the ability to include new material - but, again, evidence can be harder to introduce.

You were awarded your court fees and costs even if you were not awarded the damages you sought, right?

Good luck with whatever decision you decide to make.

 

[hbrooks7]

No, I was not awarded costs. But I did get the judgment vs. one of the two defendants. Very strange. No explanation either. So even for the three-judge (attorney) arbitration, you'd recommend getting a lawyer? It's only going to be a $5K request, down from what I originally sought. I am not sure if I can find an attorney to bother with this.

The research I've done only suggests that only if a case is deemed frivolous could the losing plaintiff have to pay the other side's fees, and that it is very rare. Do you have experience of that happening?

 

[quincy]

No, I was not awarded costs. But I did get the judgment vs. one of the two defendants. Very strange. No explanation either. So even for the three-judge (attorney) arbitration, you'd recommend getting a lawyer? It's only going to be a $5K request, down from what I originally sought. I am not sure if I can find an attorney to bother with this.

The research I've done only suggests that only if a case is deemed frivolous could the losing plaintiff have to pay the other side's fees, and that it is very rare. Do you have experience of that happening?

I recommend you see an attorney in your area for a personal review of your case, yes. Prior to filing an appeal.