Thread: For the Record
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Old 10-02-2003, 10:29 PM
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Ice Ice is offline
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For the Record



While thumbing through "Secrets of the Legal Industry" by R. Cornforth, (offered at suijuris.net downloads -- sounds like a commercial, don't it?), I noticed something that made me stop and think.


Many of you have heard me say that it is imperative to get your facts ON THE RECORD.& And this is done by filing motions, notice, etc.& Also, many of you have heard me&claim that what is spoken in the court room is not what controls the court.


Now, back to the book... on page 24 it states: "Attorneys can't testify.& Statements of counsel in Brief or in oral argument are not facts&before the court."


The above&must be pointed to via judicial notice.


The point is this -- only the PARTIES statements, made under oath, and the PARTIES pleadings, motions, etc., carry any weight.& Counsel is not a&"Party" to the suit.& Making any sense?& The "attorney" can make any arguments that he wants to... it don't mean squat if you have the judge take judicial notice that the attornies oral arguments or statements in Brief are not facts before the court.& This means that if the opposing "Party" remains silent... they may have wasted their money on the "counsel".& The more facts that you enter into the Record, the better for you.& What is the other party entering into the record??... oh wait, they had their "counsel" do that didn't they?


Sucks to be them.


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