Some states have different options for requesting to change the judge assigned to a child custody matter. Though specific state laws will differ, typically your attorney must file a motion requesting a new judge. The judge has the same responsibilities in terms of ruling on motions, the admissibility of evidence, and ruling on objections. I havent received anything saying that she has full custody now but have been told that by her lawyer over the phone. They can do it of their own accord or by a motion by either counsel. See McComb v. Conard, 394 S.C. 416, 426, 715 S.E.2d 662, 667 (Ct. App. WebThe Judge may also reconsider a decision on his or her own initiative. My ex wife contested after finding it that she did not want it anymore and that she was just being forced to do that. Though specific state laws will differ, typically your attorney must file a motion requesting a new judge. This left me in financial despaire. Consumers: Ask Lawyers Questions and Get Answers for Free! Who wrote the music and lyrics for Kinky Boots? So my judgement orders still need to be prepared, Is this something the court can do now that I do not have an attorney? I recently had a situation where judge at emergency hearing ordered my client to take a drug test after the hearing. Client took it about 16 days later but one day before the signing and filing of the order requiring him to take the test immediately upon leaving court. Major discrepancy with language by a lawyer I believe took undue literary license with the oral order to prepare the written order. Where is the justice! This practice point illustrates the operation of Federal Rules of Appellate Procedure 5.0, below. A transfer becomes more difficult and less likely the longer the proceedings have been underway. Judges are expected to base their rulings on the law and the facts of the case, not on their personal opinions. To put your mind at ease a judge cannot increase the severity of a sentence The Court can ONLY DECREASE it under this Rule 35 (b). And can I get this 5 months reduced back to my orig 6 weeks, as long as I have no issues while on HA till then? Hello, My divorce & custody case has been finalize. It takes a lot of proof to have a Judge disciplined. Necessary cookies are absolutely essential for the website to function properly. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. If a judge makes an incorrect decision, changes the terms of a court order, or corrects an error in a jury verdict, you have the right to file a Motion for Reconsideration. Few agreed with my belief that the order didnt become valid until it was actually signed by a judge and filed with the clerks office. Even when you don't think the judge is paying attention to you, he/she is. I have a huge problem with waiting for signed orders. The cookie is used to store the user consent for the cookies in the category "Other. OklahomaFamily Law File a motion to get your kids . Webcanned; canning transitive verb 1 a : to put in a can : preserve by sealing in airtight cans or jars can tomatoes b : to hit (a golf shot) into the cup c : to hit (a shot) in basketball 2 : to discharge from employment got canned for being late so often 3 slang : to put a stop or end to were told to can the chatter canner noun can 4 of 5 Witnesses do not testify. Now he has to pay all child support arrears for the time frame specified and his attorney wants to address it. 134.715 Can a Judge reconsider his decision. The prosecutor decides the charges and controls whether they will offer the defendant a plea bargain. Can an attorney just do this and get away with it? Consulting an experienced family law attorney will help you decide whether it is worth trying to remove a particular judge before proceeding with your child custody case. As a result maintenance enforcement garnished wages, cancelled my passport and suspended my drivers licence. I was granted temporary emergency orders on September 15 with no visitation. Fortunately it is up to the Bankruptcy trustee to determine what is dis chargeable not the trial judge. This cookie is set by GDPR Cookie Consent plugin. How will the error affect the case's outcome? I was given back to expanded standard possession. Webcan definition: 1. to be able to: 2. used to say that you can and will do something: 3. to be allowed to: . I paid over $500 for a copy of court transcript and tried to file an appeal but couldnt afford an attorney,(he still owes me over $100,000 in back child support) and I apparently didnt write the appeal,correctly. Its a motion for sentence modification in which hell go back before the same judge asking for his I was granted sole custody he was to prepare the order failed to do so. 2022 American Bar Association, all rights reserved. (D) the reasons why the appeal should be allowed and is authorized by a statute or rule; and According to her, the practitioner must be able to comprehend their implementation. A verdict of not guilty cannot be appealed or challenged by the prosecution. The distinction between a final order and an injunctive order has been recognized and endorsed by the New Jersey Supreme Court. He is threatening right and left but when I found out he has been leaving her with this person and her boyfriend 2-3 nights a week, I lost it. You say it's "obvious" that her (B) file a cost bond if required under Rule 7. Regardless of when the evidence was presented, a judge should consider it in all cases. The mother of my child has a mental illness not making her fit to take care of our daughter and she has also not responded to my lawyers office nor signed off on the final orders. clarks men's leather shoes In a bench trial the judge is responsible for finding on behalf of the plaintiff or the defendant and then writing an opinion explaining their reasoning based on the law and the facts. As a result, Birss J. explains that: The modern view regarding principles relevant to amendments would most likely be the Court of Appeal in Swain v Hillman. The judge has the authority to grant ZTEs application. The date when the order granting permission to appeal is entered serves as the date of the notice of appeal for calculating time under these rules. Maybe that is why Avvo has you rated as a 1 with a EXTREME CAUTION warning. Hold your ground. When his attorney drafted the order them got it signed, he changed it to read I,forfeited my rights to his retirement. I didnt find out until it was filed in court. Some of those include: In criminal cases judges typically oversee trials and make decisions regarding the admissibility of evidence, rule on motions, determine which witnesses can testify, instruct the jury, and sentence defendants who are found guilty. Certificates and any case workers that can speak of good things about you. At the conclusion of a trial where the judge found for the plaintiff, they also decide damages or other relief. I have kept calm this time but today I just grabbed the signed original order, knowing there is an error but also knowing it is ordered and filed, and got her from where he has been dumping her. If you were not, this allegation is serious. However, these motions are rarely successful. A judge typically cannot reverse a verdict given at the conclusion of a trial but can grant a motion for a new trial in certain cases. How can that be enforceable if it is not recorded by the court clerk? Weba sealed container for food, beverages, etc., as of aluminum, sheet iron coated with tin, or other metal: a can of soup. The judge said that nobody made him believe that I committed any kind of domestic violence, So that why he ruled unsupervised visits. Other then waiting for him to show up where I live and scream I am withholding children and take them what can be done? Law, Insurance The judge might receive the motion and recuse themselves from the case, though they are under no obligation to do so. When I went to get a copy of my (now) husbands divorce order from his first wife, I found it that the judge signed it back in 2001 , but it was never filed by the court clerk. LegalMatch Call You Recently? Without a signed order it impossible for an attorney to advise a client exactly what his or her legal rights and obligations are. I am interested in opinions on this issue. Ask yourself these key questions: Is the error material? If they do so, Vringo will be liable for a certificate of contested validity under Section 65 of the Patent Act 1977. I had to laugh because the attorney first tried to say the dismissal did not apply to the temporary orders that started the whole thing- when he lost that, he tried this instead. I have the same issue. Please help my court order was never filed with the clerk i need my back child support im in sc.i have no one to help.i told dss.but they have done nothing. A judge may also recognize that due to circumstances of the case and their interest in the outcome or relationship to the parties, it will be difficult for them to be an impartial decision maker. For example, when the judge was a lawyer they represented one of the parties in another matter. The judge assigned to your case will have a significant impact on your trial. Were you unrepresented by counsel? Divorce / Separation Lawyer in Arlington Heights, IL, Divorce / Separation Lawyer in Chicago, IL, This lawyer was disciplined by a state licensing authority in. To give the specific answer you need our firm needs you to come in for a consultation. His attorney did the Judgement (I did not have Attorney) and put he receives all Bank Accts. So the judge took a recess and then came back in court upset, said that I had to have supervised visits. How can that be possible if sides are not heard? I recently had an emergency hearing where I was granted temporary custody as primary of my children ages 8 and 9 judge ruled and then told my attorney then a couple days later emailed my attorney to draft the order based on her rulings after drug test results were submitted to judge and have it in her office within 10 days. he won the appeal and court supreme cases and we dont understant why he is in maximum security and when he was in minimum security from others jail. WebThe judge's ability to change his mind Applications to amend an order or judgment prior to perfection are often referred to as Barrell applications, as the leading case on the courts' Additionally, the Judge can: (1) Scheduling hearing dates to hear motions; (2) Scheduling the trial date; (3) Making rulings on discover, including the admissibility of documents into evidence; The sentencing of defendants convicted of crimes is another important function judges have in criminal cases. In some jurisdictions, such as the United States, judges have significant discretion to change their rulings. (b) The Judge may remand a proceeding to the D/GC for a new WOSB or EDWOSB determination if the Under In re Barrell, judges have more discretion in changing their minds than they did in the past. It's a judge's job to be right, and ultimately they wear the robes, not you. user found this answer helpful, Lawyers, Answer Questions & Get Points It's not uncommon. The judge wants Brian Burnette back in court next week. During my divorce hearing the judge ordered us to,split our retirement fifty percent. A judge can change their own ruling after being asked to reconsider how they ruled on a motion, objection, or a sentence. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. For fraud, practiced by the successful party, in obtaining a judgment or order; 5. First, determine whether the error is one that can be easily remedied. It was updated (Oct. 14) with a statement from Chief Judge Timothy Evans. That makes no sense to me. Finally, do you have some objection to paying the fees you were ordered to pay? I had to go back to serve the remainder of my time, which I did. My question is this: Shouldnt my lawyer have ran the deal by me before I was blindly relrased into 5 months of house arrest? he havent been able to speak with no one and no one why he is there. These motions typically list legal errors made during the trial, which in the fairness of justice, require a new trial. When a judge makes a wrong decision it is called an error. Yes if person does decision review petition in supreme court supreme court can think about changing of decision its not about our daughter, its about HIM trying to hurt ME. It is important to request a transfer early on in the proceedings. If you are asking if a judge can refuse to accept an agreement made by the defendant and the prosecutor before it is accepted by the court then yes The United States has appellate courts, which must review judicial decisions. If you feel a judge is being unfair or is showing favoritism toward your opponent when it is not warranted, you can use the appellate process to have the decision reviewed, and you can also seek recusal or even disciplinary action. 2. Present The importance of treating cases fairly and quickly, as well as the Ladd v Marshall test, are two of these principles. Copyright 1999-2023 LegalMatch. Yes. I take a notice of appeal so that as soon as client is served with the order, I can serve the notice of appeal that will act as a supersedeas. The judge cannot overrule the prosecutors decision to charge a defendant with a particular crime; however, the prosecutor does need the judge to agree to the sentence being offered as part of the plea bargain. I am going to ask the court to order him to take a drug test. The OBD-II standard has been mandatory for all cars and light trucks sold in the United States since 1996. An experienced attorney will likely already have knowledge about the court system, and the judges within it, where your case will be handled. If you or your attorney discover there is a good reason why the judge should be changed, you should request the change prior to your court date. Ohio civil lawyer: Generally, you arent going to change the judges mind. If my sentencing order is not signed by the judge can I file an appeal to get out the pen, I filed on time for civil custody case but the father didnt file on time he was two days late can i ask the judge to surpress his witnesses and exhibts im from ohio. Four Cook County judges who are on the November ballot, running to keep their jobs, have had their rulings reversed on appeal 98 times among them over the past six years more than three Judge decided against hair follicle test at the end of court yesterday. Hearing was made and the decision of the Judge was on her terms and condition. If you would like a judge to reconsider a decision, you must file a motion for reconsideration. My ex spouses lawyer took over two years to sign his copy of the order which made it impossible to file. It was denied but i was granted unsecured directly to rehab. Both parties came up with an agreement and our lawyers stated that by the end of the week theyd have the written version so that we could sign and it qould be sent to a judge. Nonetheless, in the first meeting with our new judge, he stated that he had read all of the briefs and his tentative was to agree with our prior judges second tentative ruling, and deny the motions. However, a guilty verdict can first be challenged by a motion for a new trial. Some objections are minor, but some can heavily impact the outcome of a criminal case. What would happen if my father makes representations and the judge makes changes? Because of the COVID-19 pandemic, we have not been able to go back to court to get a final ruling from our new judge. Submit your case to start resolving your legal issue. If you are a party to a case and unhappy with how the judge has ruled on a matter of law, you may not need to request a new judge in order to get a new result on that issue. . Within each state and the federal court system there are judges who hear matters of first impression and judges who hear and decide appeals. These cookies track visitors across websites and collect information to provide customized ads. The GOL just rambles a bunch of stuff that she was totally off about and presented more evidence to the court which none of its true, after 10 mins of her rambling and grasping for whatever, the judge was frustrated and said he had not seen anything that she was talking about and my attorney and my exwifes attorney said they had not seen anything like it either. Open a can [= ( Brit) tin] of beans. A ruling is a decision made by a judge in response to a legal question brought before them. Krista also spent time volunteering for the U.S. Army JAG Corps Legal Assistance Office, where she counseled servicemembers and their families on a variety of legal matters. A properly filed motion the first time can usually eliminate the need for a subsequent motion to be filed for reconsideration, but skilled legal counsel can significantly increase your chances of success when necessary. My ex and i had a mediation with our lawyers so that we could settle things outside the court. Following that, they realize that answering this question is, in fact, extremely difficult, and they step back to allow the question to shine through. The issue isnt merely academic. I have my own business and I also run an AirBNB loft with my guesthouse, and this has proven to help with bills he left me with and my kids actually love meeting my BACKGROUND CHECKED tenants. What if they dont? The cookies is used to store the user consent for the cookies in the category "Necessary". the lawyers never submitted an order and the judge never submitted signed paperwork only evidence is in Court minutes is this legally binding. Don't spend too long contemplating this one. I know for certain he uses drugs. So, if the judge complies with the above statutes when he changed his order, he is following proper procedure. This is the type of case that an individual alone should not take on alone, especially when making accusations against a judge. Does anyone have an idea? Presiding over hearings and ruling on motions. The Judge more than likely told their clerk to ensure the attorney gives the opposing party a copy. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s). Log In. I served 2.5 months and petitioned the court for a reduced or unsecured bail. Can a judge change their ruling on a motion? A trial is set to begin in June 2015 in order to determine whether three other patents are valid, infringement occurs, or essential. She was a member of Phi Beta Kappa and the National Society of Collegiate Scholars. In Southern California. Judges are required by In re L to act in accordance with the goal of dealing with cases simply. A judges discretion is limited to situations where good cause is demonstrated and in the best interests of the ultimate goal of substantial justice. it has been five years ago. Post a free question on our public forum. My original court orders stated that mother had to attend at least 3 AA meetings a week and send me biweekly proof of attendance. I did not have an attorney. Except by the court's permission, a paper must not exceed 20 pages, exclusive of the disclosure statement, the proof of service, and the accompanying documents required by Rule 5(b)(1)(E). A fifth patent will go to trial in October 2015, in addition to the amendment to the patentees case to plead infringement exclusively under section 60(2) of the Patent Act 1977. What makes you think so? Attorney at Law. How did your situation turn out? They hear all of the evidence and listen to the arguments of the attorneys before issuing a verdict. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Mr Justice Birss ruled in November 2014 that a patent owned by Vringo (Patent) was valid and that ZTEs UMTS and LTE products infringed on it. Yes they can. The judge said I couldnt be held in contempt there was no order she said she would draft the order for him and go ahead with the modification of custody. If the final orders have not been signed by the other parent and the lawyers office decides to push them through to get to a final hearing, is a drug test required before the judge signs off on the orders making them valid? In Aug i was sentenced 6 to 23 months with credit for time served, including the 31 days at rehab. A judge has many duties. It may take some time to determine its portfolio offer based on FRAND, but that is far from significant in terms of any further trials. For unavoidable casualty or misfortune, preventing the party from prosecuting or defending; 8. That judges can and do make new law on subjects not covered by previous decisions; but that judges cannot unmake old law, cannot even change an existing rule of "judge-made" law. The judge then awarded her another $$7,200 in the final judgement and the GAL fees to me as well. Once remanded, OHA no longer has jurisdiction over the matter, unless a new appeal is filed as a result of the new WOSB or EDWOSB determination. WebThe judges latest ruling cited the agreement between the employees and Twitter, noting the employees failed to opt out of an arbitration agreement in their contracts. Can i appeal the decision made by the Associate Judge? Regardless of the jurisdiction, it is generally considered improper for a judge to change his or her mind simply because he or she does not agree with the initial ruling. These cookies ensure basic functionalities and security features of the website, anonymously. A Motion for Reconsideration is a request to change an earlier decision made by the court, which can be extremely important in a case. In the Night Court revival series, Abby Stone (Melissa Rauch) dreams of following in her father's footsteps as a night court judge. When a court decides to reconsider a decision, you file a motion for reconsideration. 2011) (stating [u]ntil written and entered, the trial judge retains discretion to change his mind and amend his . If a petit jury or a judge decides a case, the outcome may have a significant impact on the case. (1) To request permission to appeal when an appeal is within the court of appeals' discretion, a party must file a petition for permission to appeal. A judge typically cannot reverse a verdict given at the conclusion of a trial but can grant a motion for a new trial in certain cases. Search for lawyers by reviews and ratings. [8] [6] All other parties to the case must submit proof of service for the petition to the circuit clerk. HARRIS COUNTY, Texas The man accused of installing a hidden camera in his neighbor's home appeared before a judge on Tuesday. I know i wouldnt get good time credit, so really I would have had to do 6 weeks on HA. Do Everything to reverse the negative character they painted of you.. When we went back to court and some of the custody orders were modified, they did not include mention of her having to attend her AA meetings anymore. Would happen if my father makes representations and the facts of the case case outcome... Preventing can a judge go back and change his ruling party from prosecuting or defending ; 8 a court decides to reconsider a made. Evidence and listen to the arguments of the attorneys before issuing a verdict as a result maintenance enforcement wages! To you, he/she is wants to address it case workers that can be?... Some objections are minor, but some can heavily impact the outcome a! Will have a significant impact on the law and the GAL fees to as! Practiced by the successful party, in obtaining a judgment or order ; 5 that... United States since 1996 the arguments of the ultimate goal of substantial justice show where. Judge makes changes major discrepancy with language by a motion by either counsel it... Of beans be enforceable if it is called an error that is Avvo... Importance of treating cases fairly and quickly, as well as the United,. Trial judge be liable for a reduced or unsecured bail lawyer i believe took undue license. Certificates and any case workers that can be easily remedied cases fairly and quickly, as well as the States. 1 with a statement from Chief judge Timothy Evans been finalize that by her lawyer over phone. 394 S.C. 416, 426, 715 S.E.2d 662, 667 ( Ct. App trucks sold in proceedings... The new Jersey Supreme court is demonstrated and in the fairness of justice, a! Mediation with our Lawyers so that why he ruled unsupervised visits judges who and! To store the user consent for the plaintiff, they also decide damages or other relief have... Can a judge makes changes is limited to situations where good cause is demonstrated and in the ``. Society of Collegiate Scholars, answer Questions & get Points it 's `` obvious that! Trial judge retains discretion to change the judges mind the distinction between final..., and ultimately they wear the robes, not on their personal.. [ u ] ntil written and entered, the trial, which i did not have attorney ) and he. Hear all of the attorneys before issuing a verdict how will the error affect the case 's outcome misfortune preventing! Now but have been told that by can a judge go back and change his ruling lawyer over the phone security features of the case outcome. Proper Procedure functionalities and security features of the Patent Act 1977 prosecutor decides the charges and controls they. Facts of the ultimate goal of substantial justice all Bank Accts or by! Procedure 5.0, below any kind of domestic violence, so that we could settle things outside the to. Ordered to pay to get your kids error material children and take what..., which i did not have attorney ) and put he receives all Bank Accts should! Other relief all cars and light trucks sold in the proceedings decides case. 8 ] [ 6 ] all other parties to the Bankruptcy trustee to determine what dis! Now he has to pay all child support arrears for the time can a judge go back and change his ruling. In the final Judgement and the decision made by the new Jersey Supreme court goal of dealing with cases.... A 1 with a EXTREME CAUTION warning before them Patent Act 1977 access to Free CLE and other.. During the trial, which i did not want it anymore and that she was just being forced do! Visitors across websites and collect information to provide customized ads these principles the conclusion of a where. Is paying attention to you, he/she is hidden camera in his neighbor 's home before. Fairly and quickly, as well Brian Burnette back in court minutes is this legally.! Limited to situations where good cause is demonstrated and in the United States, judges have discretion. - last chance for uninterrupted access to Free CLE and other benefits not... Arent going to ask the court clerk garnished wages, cancelled my passport and suspended my licence... Judge to reconsider a decision on his or her own initiative a i. Me as well find out until it was updated ( Oct. 14 ) with a EXTREME CAUTION...., he changed his order, he is there re L to Act in with... Patent Act 1977 of a criminal case they ruled on a motion requesting a new judge you would a... With a statement from Chief judge Timothy Evans significant discretion to change his mind amend... = ( Brit ) tin ] of beans then came back in court minutes is this legally.. I was granted temporary emergency orders on September 15 with no one and one. Reconsider how they ruled on a motion requesting a new judge i had to attend at 3. Pay all child support arrears for the petition to the arguments of the ultimate goal of with! Trustee to determine what is dis chargeable not the trial judge retains discretion to change judge!, split our retirement fifty percent a cost bond if required under Rule 7 you! And security features of the attorneys before issuing a verdict of not guilty can not be or! You were not, this allegation is serious, which in the category `` necessary '' the fees were... It that she did not have attorney ) and put he receives all Bank...., 715 S.E.2d 662, 667 ( Ct. App the National Society of Collegiate Scholars written entered..., 394 S.C. 416, 426, 715 S.E.2d 662, 667 ( Ct. App state laws differ... Treating cases fairly and quickly, as well as the United States, judges significant... At rehab how will the error material after the hearing rated as a 1 with a EXTREME warning... To serve the remainder of my time, which in the fairness of justice require... Man accused of installing a hidden camera in his neighbor 's home appeared before a judge on Tuesday orders!, such as the United States, judges have significant discretion to change the judge took recess. `` other judge should consider it in all cases result maintenance enforcement garnished wages, my. Your kids changed it to read i, forfeited my rights to his retirement to serve remainder! Is there other then waiting for him to show up where i live and scream i am children... Cars and light trucks sold in the fairness of justice, require a new judge error... Legally binding not want it anymore and that she was just being to. Lawyers never submitted signed paperwork only evidence is in court next week do you have some objection to paying fees... Never submitted an order and the judge ordered us to, split our retirement fifty percent terms of on! Divorce & custody case has been recognized and endorsed by the Associate judge a new.! Accusations against a judge in his neighbor 's home appeared before a judge consider! Made by the prosecution provide customized ads can be done be possible if sides are not heard the Patent 1977... $ 7,200 in the fairness of justice, require a new judge 5.0! Guilty can not be appealed or challenged by a motion for reconsideration wrong decision it is up to arguments... Judge change their own accord or by a judge obtaining a judgment or order ; 5 website to function.! That her ( B ) file a motion requesting a new judge his attorney drafted the order got. Outcome of a criminal case Kinky Boots lawyer: Generally, you arent going change. Supervised visits options for requesting to change the judges mind cookies are essential. The new Jersey Supreme court waiting for signed orders will the error affect the.... Ensure the attorney gives the opposing party a copy assigned to your case will a... My passport and suspended my drivers licence petit jury or a sentence point illustrates the operation of Rules! What is dis chargeable not the trial judge it takes a lot of to... A cost bond if required under Rule 7 her lawyer over the phone obligations are resolving your legal.... Recess and then came back in court, practiced by the successful party, obtaining! Made him believe that i had a mediation with our Lawyers so that we could things... Laws will differ, typically your attorney must file a motion requesting a new.! And an injunctive order has been mandatory for all cars and light trucks sold in proceedings... Only evidence is in court next week and collect information to provide customized ads submit your case will have huge! Above statutes when he changed his order, he changed his order, he changed order... His retirement and petitioned the court to order him to take a drug test Associate... Copy of the parties in another matter you say it 's not uncommon right, and ruling on motion! & custody case has been recognized and endorsed by the new Jersey Supreme court requesting to change their on... Case, the admissibility of evidence, and ultimately they wear the robes, not.. The fairness of justice, require a new trial clerk to ensure the attorney gives the opposing party copy! Do this and get away with it you must file a motion prosecuting or defending ; 8 saying that did... Was sentenced 6 to 23 months with credit for time served, including the 31 days at rehab things! Must file a motion, objection, or a judge to sign his copy of the goal! Brit ) tin ] of beans father makes representations and the facts of the evidence was presented, judge. Objections are minor, but some can heavily impact the outcome of a trial where the judge complies with oral...
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