Motion to compel

[David Merrill]

Originally Posted by dystopia

Actually, I had him served with request for admissions.

The attorney argued that my request was untimely, that my counterclaim was improperly served, he got my subpeona declared not served.

I basically haven't been able to fight back, I'm not fast enough so I ended up on the defensive completely. It's kind of hard when you have to take off work everytime you have to respond.

I'm going to the hearing tomorrow. All I can do is ask the judge to have the attorney served then.

The worst part is the motion to compel, they actually sent me SOMEONE ELSE'S motion to compel and the judge STILL granted it.

In other words it was addressed to another person in a completely different case.

I went and tried to have it entered into the record as evidence as a certified copy but I think the dumbass clerk screwed me on that too. I see it was deleted.

I think this guy is the judges golf buddy, everything just bounces off him.

What would you do?

I think I'm going to have to rely on the supreme court ruling that the judge has to help me because this lawyer has done nothing but argue over procedures and deadlines.

That kind of process should be refused for cause timely. Get the cognizance of the US on the R4C and forget about it. If they proceed against you on the matter then you go get a certified copy of the R4C from the clerk of court of the US and if the US will not stop the shoddy process against you by executing arrest, complain to Congress, the administrator of the US district courts.

There is absolutely nothing you can do in that environment to produce any sense. The government court system has long failed in America.


Regards,

David Merrill.

[dystopia]

Originally Posted by David Merrill

That kind of process should be refused for cause timely. Get the cognizance of the US on the R4C and forget about it. If they proceed against you on the matter then you go get a certified copy of the R4C from the clerk of court of the US and if the US will not stop the shoddy process against you by executing arrest, complain to Congress, the administrator of the US district courts.

There is absolutely nothing you can do in that environment to produce any sense. The government court system has long failed in America.


Regards,

David Merrill.

Thanks for the reply.

That sounds good but I'm going to court tomorrow and I have no idea how to file that.

[BOBT12]

Originally Posted by dystopia

Actually, I had him served with request for admissions.

The attorney argued that my request was untimely,

Well, this is the first and most dangerous issue that all parties look for. Learning the time limits is crucial.

Originally Posted by dystopia

that my counterclaim was improperly served, he got my subpeona declared not served.

Learn the Rules of Proceedure, if the judge is incorrect, file an objection!

Originally Posted by dystopia

I basically haven't been able to fight back, I'm not fast enough so I ended up on the defensive completely. It's kind of hard when you have to take off work everytime you have to respond.

It is never easy, you may try to go on the offensive whenever possible.

Originally Posted by dystopia

I'm going to the hearing tomorrow. All I can do is ask the judge to have the attorney served then.

It's worth a shot.

Originally Posted by dystopia

The worst part is the motion to compel, they actually sent me SOMEONE ELSE'S motion to compel and the judge STILL granted it.

OBJECT! Remember, you must object if you are going to be in a position to appeal.

Originally Posted by dystopia

In other words it was addressed to another person in a completely different case.

I went and tried to have it entered into the record as evidence as a certified copy but I think the dumbass clerk screwed me on that too. I see it was deleted.

Why not use this issue at your hearing, or trial?

Originally Posted by dystopia

I think this guy is the judges golf buddy, everything just bounces off him.

Yes, this may be the case. In any event, it seems clear the judges don't seem to like unrepresented parties.

Originally Posted by dystopia

What would you do?

Try to stay out of the court system if possible. And fight like crazy if caught in that system. Finally, learn whatever you can from the experience.

Originally Posted by dystopia

I think I'm going to have to rely on the supreme court ruling that the judge has to help me because this lawyer has done nothing but argue over procedures and deadlines.

I wish you the best of luck.

People, look I don't want to be some sort of salesman, however, it is vital to get an overview of the court system before we are in its warm (H-E-L-L-I-S-H) embrace. Please go to www.jurisdictionary.com get "the works" (about $219.00), study the information. You will need about twenty hours to feel comfortable with the information, in my view. Maybe there are other programs that will explain:Complaints, Motions, Discovery, Trials; and the examples of Proceedures, yet this is the best I have found.

Of course, you will still need to spend additional time learning your local rules, and the particulars of your case.

If you don't have the funds, I am willing to loan you my information, free of charge, PM me if this is the case.

It is good, even necessary to have such an overview, even if you choose to hire an attorney, you need to keep an eye on this bunch.

[dystopia]

Originally Posted by BOBT12

People, look I don't want to be some sort of salesman, however, it is vital to get an overview of the court system before we are in its warm (H-E-L-L-I-S-H) embrace.

Of course, you will still need to spend additional time learning your local rules, and the particulars of your case.

Man you are right there, I wish I had known sooner because I should have won. Now I see things so much clearer, the actions of the judge and the attorner make perfect sense now.

The trial is tomorrow but after reading the annotated statutes and the rules for my state I realize both what a good case I had and how I can no longer win it or at least no longer risk losing. I'm hoping to settle.

You really need to know the deadlines and make sure everything is filed correctly, even not answering and letting them get a default is better than learning as you go. Now it would be hard to vacate.

I just checked the annotated codes for maryland and I had 5 days to object to the admission of certified business records. If I had objected I could have disputed the witness' affidavit. Now they are considered evidence. I didn't know I had to object right then.

In personam jurisdiction, SMJ, both down the crapper as far as I can tell.

The only question in my mind now is if they can win without possession of the note but I wasn't able to find anything that said they couldn't. Duplicates are allowed unless there is a reason to dispute it's authenticity.

On a brighter note I did note that in my state you can object to questions that are unlikely to lead to admissible evidence.

[BOBT12]

Originally Posted by dystopia

Man you are right there, I wish I had known sooner because I should have won. Now I see things so much clearer, the actions of the judge and the attorner make perfect sense now.

I am glad you are starting to develop an understand based on hard experience. No one can take this from you.

Originally Posted by dystopia

The trial is tomorrow but after reading the annotated statutes and the rules for my state I realize both what a good case I had and how I can no longer win it or at least no longer risk losing. I'm hoping to settle.

Again, I wish you well. Hope for the best, prepare for the worse.

Originally Posted by dystopia

You really need to know the deadlines and make sure everything is filed correctly,

Correct!

Originally Posted by dystopia

even not answering and letting them get a default is better than learning as you go. Now it would be hard to vacate.

This is a judgment call, it seems.

Originally Posted by dystopia

I just checked the annotated codes for maryland and I had 5 days to object to the admission of certified business records. If I had objected I could have disputed the witness' affidavit. Now they are considered evidence. I didn't know I had to object right then.

You are learning a great deal.

Originally Posted by dystopia

In personam jurisdiction, SMJ, both down the crapper as far as I can tell.

Remember, SMJ can be challenged at any time.

Originally Posted by dystopia

The only question in my mind now is if they can win without possession of the note but I wasn't able to find anything that said they couldn't. Duplicates are allowed unless there is a reason to dispute it's authenticity.

A number of things may be involved in this area. The Plaintiff may need a competent fact witness to verify the authenticity, and accuracy of this document. You may want to look at this issue for possible Objections. You need to check the rules of evidence on this issue.

Originally Posted by dystopia

On a brighter note I did note that in my state you can object to questions that are unlikely to lead to admissible evidence.

Outstanding!

[dystopia]

Originally Posted by BOBT12

Remember, SMJ can be challenged at any time.

BOBT12, thank you for taking the time to answer in such detail.

Here is one point that I'm confused about.

How do I challenge SMJ if they have an affidavit and I've past the time where I can question the introduction of the business records secured by the affidavit?

Would that not complete the competent fact witness angle?

I mean I know the so-called competent witness could be an ex-con working in a boiler room but what can I do about it?

Would I challenge SMJ as a seperate issue from the business records?

I already have in my motion for summary judgment but the judge is scheduled to rule on it today.

BTW I filed a motion to continue earlier this week to get a lawyer and I just got the letter that the plaintiff consents so the trial will probably not be today but I will show up anyway.

Thanks again.

[BOBT12]

Originally Posted by dystopia

BOBT12, thank you for taking the time to answer in such detail.

My pleasure.

Originally Posted by dystopia

Here is one point that I'm confused about.

How do I challenge SMJ if they have an affidavit and I've past the time where I can question the introduction of the business records secured by the affidavit?

An affidavit is considered true, unless it is challenged. You can challenge the affidavit, as a live witness, you can be cross-examined which will likely produce more credible evidence.

Would that not complete the competent fact witness angle?

I am not sure how to answer this question. A competent fact witness should have first hand knowledge of the events in question, such as, they hand delivered the records or funds to you.

Originally Posted by dystopia

I mean I know the so-called competent witness could be an ex-con working in a boiler room but what can I do about it?

You may want to raise a challenge. This is what cross-examination is for.

Originally Posted by dystopia

Would I challenge SMJ as a seperate issue from the business records?

Yes, if you can show for instance, that this whole matter should be directed to the other individual that was named in some of the document submitted in your case, there is no longer any Subject Matter Jurisdiction for the court to proceed against you, and the matter must be dismissed!

Originally Posted by dystopia

I already have in my motion for summary judgment but the judge is scheduled to rule on it today.

Let’s see what happens.

Originally Posted by dystopia

BTW I filed a motion to continue earlier this week to get a lawyer and I just got the letter that the plaintiff consents so the trial will probably not be today but I will show up anyway.

Better safe than sorry. It may be a good idea to get a little more time to prepare.

Originally Posted by dystopia

Thanks again.

No problem.