Evidence File

#1 03-15-2004, 03:40 PM

I have heard that there must be an evidence file in all court cases, including judgments.what if there isn't one or there is one that has no evidence in it??& Wouldn't the judgment have to be vacated??& Does this include all judgments or would it be&restricted to "summary judgments"?

#2 03-15-2004, 05:16 PM

ALL judgments. Civil, criminal or Adam’s off ox. The judge can only decide a case based on facts. Evidence IS the facts. No evidence...no facts…no case…void judgment…MUST be vacated!!!<SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: 'Times New Roman'; mso-bidi-font-size: 12.0pt; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA">Jim

Ice · #3 03-15-2004, 05:19 PM

Jim,<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o

></o

>[/b]
<o

>&</o

>[/b]
Do you have a cite that you can give to demonstrate it would be mandatory for a judge to vacate such an order/judgment?<o

></o

>[/b]
<o

>&</o

>[/b]
Ice<o

></o

>[/b]

#4 03-15-2004, 05:20 PM

what about judgments in which you consented to the judgment? Can they use that as the evidence or is the consent you signed not evidence? May sound like a stupid question but work with me, thanx Jim.

#5 03-15-2004, 05:48 PM

When rule providing for relief from void judgments is applicable, relief is not discretionary matter, but is mandatory. Orner v. Shalala, 30 F.3d 1307, (Colo. 1994)<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o></o>
Personal jurisdiction is between you and the court. Subject matter jurisdiction is a matter of the court ONLY. You cannot consent to it, wave it or anything else. When the court lacks subject matter jurisdiction it cannot even consider your consent. Subject matter jurisdiction is first last and everything in between. 
Read “Secrets of the legal industry”.
Jim

#6 03-15-2004, 06:09 PM

so,for example,&i guess a judgment by the state against you is public taking of private property without just compensation, so you cannot consent to that, and the judge is mandated to vacate that order.

Jerseee · #7 03-15-2004, 06:13 PM

Kgod,

then why do they make those judgements in the first place?

(i got a feeling kgod is about to go off)

#8 03-15-2004, 07:54 PM

kgod,

You have just planted the seed of an idea...eminent domain!

Thank you, Jim

mikah2k · #9 06-07-2006, 12:55 PM

Quote:

Originally Posted by Jerseee

Kgod,

then why do they make those judgements in the first place?

(i got a feeling kgod is about to go off)

My answer: They make those judgements because of people's ignorance = easy money or money substitutes.