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Judge to Reconsider Motion to Vacate Judgment in Carter vs. Carter Civil Trial

Posted: Thursday, July 12th, 2018 at 4:44 pm
Author: KNIA/KRLS News - Andrew Swadner

A hearing to reconsider the motion to vacate the judgment in the Jason Carter civil trial took place this afternoon.

The hearing to vacate judgment was originally filed in early June, with Judge Martha Mertz originally taking no action on the motion, citing that the appeal of the civil trial was currently under the authority of the Iowa Supreme Court.

Jason Carter’s attorneys filed the motion to reconsider the decision to take no action, stating that despite the appeal process currently in the jurisdiction of the supreme court, that should have no bearing on whether or not the district court takes action on the motion.

The attorneys for plaintiff Bill Carter argued the district court should wait until the supreme court rules on whether or not to send the case to the appellate court and not take jurisdiction away from the supreme court.

Judge Mertz stated that she would reconsider her decision to take no action on the original motion, and will set a status conference at a yet to be determined date to be provided with an update on any decision made by the supreme court.