No response to court motions?

[gatorguy3]

I filed different motions months ago, yet I got no response to a request for an evidentiary hearing. I did not get a denial nor did I get any correspondence from the court or the judge on what would be happening.

recommendations?

Thanks.

[charlesa6]

Originally Posted by gatorguy3

I filed different motions months ago, yet I got no response to a request for an evidentiary hearing. I did not get a denial nor did I get any correspondence from the court or the judge on what would be happening.

recommendations?

Thanks.

Go to the court house, and check your filing papers there. I believe they will have answer for you.

[gatorguy3]

I filed several motions at the same time. I do not live in the same area as that clerk of court where the do***ents were filed. They were filed via fax.

[idknow]

Originally Posted by gatorguy3

I filed several motions at the same time. I do not live in the same area as that clerk of court where the do***ents were filed. They were filed via fax.

you *need* to visit the court house where the court files are kept.

Ask for the file concerning your action.

[joseph sugarman]

Originally Posted by gatorguy3

I filed several motions at the same time. I do not live in the same area as that clerk of court where the do***ents were filed. They were filed via fax.

See if you can access the court system in whatever country on the internet. Then see if you can access your file the same way. Good luck.
Joseph Sugarman, design@dream-home.com

[gatorguy3]

thank you for the replies...much appreciated.

[masterduke]

Depending on the state in which you have filed this you may need to file a "Notice of Motion" to get it sheduled to be heard (at least its that way in mich.) although the clerks may just blow it off since your not a bar member! In my local snake pit (district court) the clerks ask you if your a bar member and if not good luck getting any where! The bias is in your face belligerant. From just getting in the building going thru metal dectectors and shake downs. The bar member flashs his Little Orphan Annie secret decoder "bar" badge and is wisked right thru the check point, for you its all down hill from there. You listen to how the clerks answer questions and talk to the attorneys and then in your dealings with them its a whole other matter. No help, no answers(court rules you know) and roadblocks wherever possible. I sure like it when the Michael H Browns and the Marvin Bryers tear them up with lawsuits exposing their corruption. Its a Good Thing!

[idknow]

Originally Posted by masterduke

Depending on the state in which you have filed this you may need to file a "Notice of Motion" to get it sheduled to be heard (at least its that way in mich.) although the clerks may just blow it off since your not a bar member!

In my local snake pit (district court) the clerks ask you if your a bar member and if not good luck getting any where! The bias is in your face belligerant.

From just getting in the building going thru metal dectectors and shake downs.

The bar member flashs his Little Orphan Annie secret decoder "bar" badge and is wisked right thru the check point, for you its all down hill from there.

You listen to how the clerks answer questions and talk to the attorneys and then in your dealings with them its a whole other matter.

No help, no answers(court rules you know) and roadblocks wherever possible.

I sure like it when the Michael H Browns and the Marvin Bryers tear them up with lawsuits exposing their corruption.

Its a Good Thing!

In my local county court building, i've been visiting there for so many years studying, that i have a friendly relationship with the people in the library and the prothonotary's office.

When I first started going there, they would frequently remind me tht `we dont give advice'; they never mention it now.

As for filing of papers, they used to say `we dont check work'
And I know that their duty to file is only ministerial.
Whether it's wrong or not is my responsibility
(however, and N.B.! friends help out friends!!!)

Now that I established myself as a student of the law, other possibilities became available, especially with the assistant prothonotary.

I no longer know the Prothonotary herself, we've never met. Her predecesor was an excellent help to me during her term of office.

So, the point is, be friendly, show that you know what you're doing, and when appropriate mention that
you just need their ministerial activity: just stamp and file the paper pls.

[cheetah]

This applies to Indiana, but other states may have a similiar clause:

VERIFIED MOTION FOR APPLICATION OF TRANSFER

Comes now XXXXXXXXXX, Sui Juris, in accordance with Indiana Rules of Court, Rules of Trial Procedure, Rule 53.1(a), and demands by application, that this cause be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.

Rule 53.1. Failure to rule on motion
(A) Time limitation for ruling. In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty
(30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.

I make this application as the following motions were filed with the clerk of this court, and were not ruled on within (30) thirty days, as required.

Before I made this known, the judge just ignored my motions. Afterward, at least he started denying my motions. I don't think it would have looked good for him to have the supreme court of indiana have to appoint a special judge for my traffic infractions.

[gatorguy3]

I appreciate all your responses.

Cheetah,

I have looked through the statues and laws and such for Florida but have been unable to find anything pertaining to "failure to rule on a motion". I have also done a google search with little to no results. Actually, there were results, but nothing that actually had to do with the way the Indiana rule is stated.