Angel Ronan(TM) motivational reflections: Res Judicata; a matter previously decided. This tenet only has weight when a decision is made in a court properly constructed for the purpose of reviewing a matter or making any decision as to the various evidence in the file or case. The Court would have to be able to hear evidence again and then decide that it is a matter previously decided. A Set date Court or Trial Scheduling Court is not structured for this purpose such that a litigant could not be advised in a Set Date Court that his matter could not be scheduled due to Res Judicata when they sought to bring a motion for the hearing of new evidence under certain rules for the purpose and the rules do not prevent the scheduling of motions for the hearing of new evidence. In fact, It allows this under rule 49 or is it rule 59 and what subsection and you would have to seek an available date for the hearing of the motion? Now even if something was decided previously, the new court date is being sought pursuant to the rules. The remedy would be to ensure the litigant is allowed to bring their motion and set the next convenient and available date they seek before the set date court is not able to deny them that right under the rules.

Angel Ronan(TM)  motivational reflections:  Res Judicata; a matter previously decided. This tenet only has weight when a decision is made in a court properly constructed for the purpose of reviewing a matter or making any decision as to the various evidence in the file or case.  The Court would have to be able to hear evidence again and then decide that it is a matter previously decided. A Set date Court or Trial Scheduling Court is not structured for this purpose  such that a litigant could not be advised in a Set Date  Court  that his matter could not be scheduled due to Res Judicata when they sought to bring a motion for the hearing of new evidence under certain rules for the purpose and the rules do not prevent the scheduling of motions for the hearing of new evidence. In fact, It allows this under rule 49 or is it rule 59 and what subsection   and you would have to seek an available date for the hearing of the motion?  Now even if something was decided previously, the new court date is being sought pursuant to the rules.     The remedy would be to ensure the litigant is allowed to bring their motion and set the next convenient and available date they seek  before the set date court is not able to deny them that right under the rules.