
After a bench trial, where a judge, rather than a jury, hears the case and makes a decision, clients often ask when they can expect a ruling. It's a common misconception that a judge will give an immediate decision. The reality is that it's quite rare for a judge to rule from the bench. Instead, a judge will take the matter under advisement and issue a written ruling at a later date.
The Judge's Timeline
The timeline for a judge's ruling can be unpredictable. If a judge gives a specific timeline, such as "I'll give you my ruling in two weeks," it often takes longer than stated—sometimes a month or more. If they don't give a specific timeline and simply say something vague like "soon," it could be a much longer wait. It's not uncommon for a ruling to take several months. In some cases, judges may not rule at all, even after repeated inquiries from attorneys.
The "Motion for Judge to Enter Ruling"
In situations where an extended period has passed without a decision, attorneys in Texas may find themselves filing creative motions that don’t exist under the Texas Rules of Civil Procedure to prod the judge to rule. While this is a common practice in some state courts, it is not always effective and can be a delicate matter. The motion is essentially a polite request for the judge to issue their decision. However, this approach can be risky, as a judge might react negatively.
The Tightrope of Persuasion
Navigating the relationship with a judge requires a delicate balance. Judges are civil servants, and in Texas, they are elected officials. As such, they have a duty to perform their jobs in a timely manner. However, they also hold the ultimate authority in the courtroom. An attorney must walk a tightrope: advocating for a timely ruling for their client without upsetting the judge.
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