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 08-18-2005, 12:36 PM
truth4all truth4all is offline
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Does anyone know what this means?

This was filed into the court records of a civil case.

07/**/2005 STIPULATION FOR COMMISSIONER TO ACT AS TEMPORARY JUDGE
SIGNED AND FILED.

Can a commissioner act as a "temporary Judge"?
Does a "commissioner have to take the same oath as a Judge?
WHO "stipulates" that a commissioner CAN act as a "temporary Judge"?
Do all (or any) parties to the action have to agree, or be notified of the stipulation prior to the hearing ?
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  #2  
Old 08-18-2005, 01:41 PM
satorifarm
 
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Greetings..

seems to me there wouldst have to be some concurrence of the affected parties..to a stipulation, yes? The "acting" part disturbs me.. oh wait.. they are all acting, aren't they?

peace be with ye..
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Old 08-19-2005, 09:55 AM
chapka chapka is offline
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I don't know, but the answer would depend on what court this is taking place in. Have you looked at the local rules for whatever court it is? Almost all local court rules are available on line.
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  #4  
Old 08-19-2005, 10:47 AM
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D.Dog D.Dog is offline
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CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL


SEC. 21. On stipulation of the parties litigant the court may order
a cause to be tried by a temporary judge who is a member of the
State Bar, sworn and empowered to act until final determination of
the cause.



CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL


SEC. 22. The Legislature may provide for the appointment by trial
courts of record of officers such as commissioners to perform
subordinate judicial duties.



CALIFORNIA

CODE OF CIVIL PROCEDURE
SECTION 259





259. Subject to the supervision of the court, every court
commissioner shall have power to do all of the following:
(a) Hear and determine ex parte motions for orders and alternative
writs and writs of habeas corpus in the superior court for which the
court commissioner is appointed.
(b) Take proof and make and report findings thereon as to any
matter of fact upon which information is required by the court. Any
party to any contested proceeding may except to the report and the
subsequent order of the court made thereon within five days after
written notice of the court's action. A copy of the exceptions shall
be filed and served upon opposing party or counsel within the five
days. The party may argue any exceptions before the court on giving
notice of motion for that purpose within 10 days from entry thereof.
After a hearing before the court on the exceptions, the court may
sustain, or set aside, or modify its order.
(c) Take and approve any bonds and undertakings in actions or
proceedings, and determine objections to the bonds and undertakings.

(d) Act as temporary judge when otherwise qualified so to act and
when appointed for that purpose, on stipulation of the parties
litigant. While acting as temporary judge the commissioner shall
receive no compensation therefor other than compensation as
commissioner.
(e) Hear and report findings and conclusions to the court for
approval, rejection, or change, all preliminary matters including
motions or petitions for the custody and support of children, the
allowance of temporary spousal support, costs and attorneys' fees,
and issues of fact in contempt proceedings in proceedings for
support, dissolution of marriage, nullity of marriage, or legal
separation.
(f) Hear actions to establish paternity and to establish or
enforce child and spousal support pursuant to subdivision (a) of
Section 4251 of the Family Code.
(g) Hear, report on, and determine all uncontested actions and
proceedings subject to the requirements of subdivision (d).
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I was quiet because I didn't deal in drugs...
When they took the 6th Amendment away
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When they took the 2nd Amendment away
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Now they have taken the 1st Amendment away
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  #5  
Old 08-19-2005, 10:52 AM
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D.Dog D.Dog is offline
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Stipulation

The stipulation form I saw also says

A commisioner may act as a temporary Judge if ALL PARTIES AGREE IN WRITING.

But ido not it in the cites on the above post.

Not sure why they would use that language if it was not a requirement.
MMMM

D.dog
__________________
When they took the 4th Amendment away
I was quiet because I didn't deal in drugs...
When they took the 6th Amendment away
I was quiet because I had never been arrested...
When they took the 2nd Amendment away
I was quiet because I didn't own a gun...
Now they have taken the 1st Amendment away
and all I can do is be quiet...
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  #6  
Old 08-20-2005, 07:00 AM
kgod999
 
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judge

according to leroy of the montana freemen, the county commissioners are THE TRUE SUPREME COURT JUDGES IN A COUNTY. suppose to be 12 of them.
according to leroy, they dont know it.
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