Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #1  
Old 02-07-2005, 08:08 AM
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ntellect ntellect is offline
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Exclamation Subpoena In An Adversary Proceeding

I've been researching this "Subpoena In An Adversary Proceeding" which is used to compel a witness to testify in a trial before the bankruptcy court or at a deposition. It can also be used to command production of documents or other objects for inspection and copying and to compel the inspection of premises. This falls under Rule 45 of the Federal Rules of Civil Procedure, which is incorporated by Fed.R. Bankr.P. 9016 regarding subpoenas.

This seems like it could be a powerful weapon if one is somehow able to produce one and subpoena a "creditor" or the "creditors" attorneys to produce an "original" promissory note or notarized accounting ledgers of the alleged claim which falls under Rule 45(a)(1)(C).

The problem is, I can't find an example of one nor do I know for sure if one can be issued by a pro se party. This seems to be a tool used by the attorneys.

Anyone out there with any info on this? I need to know ASAP! My ch 13 case could be dismissed or "officially" rejected in a matter of a day or two.

peace and blessings
Ntellect
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Old 02-07-2005, 08:28 AM
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If I am not mistaken you might want to do a search on subpoena duces tecum or tectum

If not, just state that you are invoking that rule as a subpoena for documents

Quote Gideon vs. Wainright that they must be lenient on you as you are not an attorney
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Old 02-07-2005, 08:52 AM
iamfreeru2 iamfreeru2 is offline
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Also Haines v. Kerner 404 US 519 is good to use , wherein the court has directed that those who are unschooled in law making pleadings and/or complaints shall have the court look to the substance of the pleadings and/or complaints rather than the form. Also you are not pro se and get that vocabulary out of you head. You are in your proper person (In propria persona).

Last edited by iamfreeru2 : 02-07-2005 at 08:56 AM.
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Old 02-07-2005, 09:51 AM
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You are appearing only represented by Yeshua the Wonderful counselor according to Isaiha 9:6.

Any reference to alleged defendant being pro se is objected to at all times.

Put that in your pleadings.

Unless you are going the redemption route, then STRAWMAN is the defndant.

If you're not going redemption, then the STRAWMAN is a misnomer and the alleged defendant. You are the aggrieved represented by Yeshua

If you're not a believer, then unrepresented aggrieved is fine. Never call yourself the defendant, because then you are admitting that there is a case.
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Old 07-10-2006, 03:22 PM
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Notary To The Rescue

GREETINGS, I have recently become a notary and I think that you need to go to a place that sells legal documents (in cleve it is called ohio legal blank) and get a Notary subpoena form. You then need to get a Notary to subpoena the witness' to testify,depose or produce original signed documents.(civil rule #45) explain what you want to the Notary to do and issue it to the baliff with the appropriate fee to compel them to court. when i done this they started to change the court journal,i got phone calls from Cheif Magisrtates the whole nine yards. lol. they dont want to see that happen so stay on top of it. if you have further problems you may want to talk to the federal trade commission,your states consumer protection commission,or the supreme court disciplinary counsel. lata UUB
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Old 07-10-2006, 07:32 PM
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uubah, welcome to the suijuris forum.
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Old 07-10-2006, 08:00 PM
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Howdy, uubah... welcome!

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