I won today...sorta...thanks Codee! - Page 4

Codee · #31 12-28-2006, 11:28 AM

No. The seventh amedment only applies to federal suits and also only to the plaintiff who is entitled to a common law remedy (not the defendant).

rottweiler · #32 12-28-2006, 04:19 PM

The local traffic court calls their muni court quasi-civil and that it is not necessary to find you guilty beyond a reasonable doubt. I guess that means administrative, like a disiplinary hearing that a employer might have concerning their employee. Here in WI the clerk of court will call you on the phone to get a continuance and I believe that may be a trick to create a appearance or nullify jurisdictional challenges. I did not know that actions could only be civil or criminal. Thanks Codee, I will make up a doc for WI and post it.

Codee · #33 12-28-2006, 05:13 PM

Quote:

Originally Posted by rottweiler

The local traffic court calls their muni court quasi-civil and that it is not necessary to find you guilty beyond a reasonable doubt. I guess that means administrative, like a disiplinary hearing that a employer might have concerning their employee. Here in WI the clerk of court will call you on the phone to get a continuance and I believe that may be a trick to create a appearance or nullify jurisdictional challenges. I did not know that actions could only be civil or criminal. Thanks Codee, I will make up a doc for WI and post it.

Yes but special proceedings are neither. They are simply special proceedings with no set of rules in one place. There is no where in law that says that says that any remedy is enforcable through a special proceeding (that I have found)

RICKO · #34 12-28-2006, 07:53 PM

Can that motion to dismiss be used in any state? If not where can I find information in regards to my state?

rottweiler · #35 12-28-2006, 09:33 PM

I have been looking in my state statutes for two hours to see if there are only either criminal and civil actions, it is like looking for a needle in a haystack. I am going to try CA now to see how it is classified.

Quote:

Originally Posted by RICKO

Can that motion to dismiss be used in any state? If not where can I find information in regards to my state?

rottweiler · #36 12-28-2006, 10:19 PM

Codee, how can there be two types of proceedings in WI if one includes the other? (I wonder what their definition of includes is.)

801.01(1)Kinds. Proceedings in the courts are divided into actions and special proceedings. "Action", as used in chs. 801 to 847, includes "special proceeding" unless a specific provision of procedure in special proceedings exists.

801.01(2)
(2)Scope.Chapters 801 to 847 govern procedure and practice in circuit courts of this state in all civil actions and special proceedings whether cognizable as cases at law, in equity or of statutory origin except where different procedure is prescribed by statute or rule. Chapters 801 to 847 shall be construed to secure the just, speedy and inexpensive determination of every action and proceeding.