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Everything posted by jdfkl

  1. I'm about to file an Ex Parte Motion. Do I need to copy the other party on this, or certify service? It's a one-sided motion, done to circumvent some of their bad deeds -- am I required to inform them? Will be headed to the stamper at the drop box within the hour. Please let me know?
  2. So I prevailed in a hearing (in UT, Legaleagle ). But THEN.... The judge asked the CA, who lost in the hearing, to write up the Order. The CA did do, but used language that reflected his own interests and requests in the hearing -- not what the judge actually Ordered . (Clearly a conflict of interest: Not sure why the judge would ask the losing team to write an Order they tried to prevent?) The judge signed the Order, even though the CD and transcripts from the hearing tell a vastly different story -- and a verbal Heaing Order more favorable to me. Now the CA is using the embellished Ord
  3. Thanks, Legaleagle. I knew you would want to know the state, so I included U.R.C.P. in the text... I apologize if that was insufficient. That is for Utah. Yes, I am aware that timeliness is important: I really DO have time left, however. The CA jumped the gun -- I believe on purpose. The CA counted all calendar days. According to our state rules, computation excludes Sat and Sun, and holidays -- which we had recently. Plus, I am allowed 3 calendar days as the I received the Notice via mail. In effect, the CA is attempting to deny me 5 days of response time Additionally, I have been ne
  4. Ok, looks like I have provided, yet, another tough question. So I have been thinking about my possibilities: :arrow:How about: "Motion To Quash Plaintiff's Untimely Notice To Submit For Decision" ? I have got to get this past the gatekeepers in the clerk's office. Ex Parte is the only way I know how to do this.... I feel it is justified in that if I don't, I can lose --- BIG. Plus, the CA totally broke the rules. Since he passed the bar, I'm assuming he knows it, and is banking on my pro-se-ness as a weak victim. I used an Ex Parte Motion on another case with another judge. And while it
  5. I just received a copy of a Notice To Submit on a Motion where I still have 3 calendar days left to file my Opposition to the Motion . I'm working on that Opposition as we speak.... BUT I'm having to shift gears immediately and address the CA's PReMaTuRE Notice to Submit for Decision --- and defend my right to Respond. I need some help, but took a stab at it -- feedback?: I have drafted a "DEFENDANT’S OPPOSITION TO PLAINTIFF’S NOTICE TO SUBMIT FOR DECISION": COMES NOW, the Defendant, Pro Se, pursuant to Rules 6 and 7 of the U.RC.P. and respectfully OPPOSES Plaintiff’s premature NOTICE TO SU
  6. I was recently granted a 30-Day Stay to commence arbitration (for my MTC-Arb). However, the Order requires Evidence of arbitration commencement. I have to file it pronto, and I'm not sure how to Title the Evidence Filing (My evidence is an acceptance letter from JAMS). Do I title my filing: "Defendant's (Compliance? Evidence?...?) Pursuant to the Court's Order per the Motion to Compel Arbitration?" or "Defendant's Evidence Pursuant to the Ordered Motion to Compel"? or ?????? Thank you for your input
  7. lheart, thanks for this. I realize every court will have different rules, but could you give an example on how it would be done in your court, for instance? That might give me/thread-followers an idea how to get started in our own various jurisdictions Thanks!
  8. thank you for your feedback! forgive my bumping....
  9. My case may require an Emergency-Mode Ex Parte Motion. If I don't, then there is a good chance I would be denied Due Process. (see thread regarding MTD....) Problem: I don't know how to do Ex Parte. What do I ask for? How do I go about filing for it? What should I expect during the process? After the process? I know the Ex Parte is very sensitive, requires careful handling, but is the law's way of being flexible when it needs to be. I'm in UT. Ok????
  10. I might need to use my Continuance Card. What is a REALLY Good Excuse?
  11. Basic run-down: Sleeping-dog case many months: Answered then silence. CA suddenly filed an MSJ after court issued an OSC. I filed an MTC-Arb when I received a copy of the agreement. I still have to Oppose the MSJ -- which might be considered waiving Arbitration by some Judges. I sent a "Request To Stay MSJ Pending MTC" to CA. Cited some FAA and state laws regarding the auto-stay of proceedings when an MTC is on the table. So ignoring my Request will fly in the face of National and State statutes. ....Even so, it's up to the CA to agree (per the semi-informative clerk) -- and I'm not sur
  12. Coltfan, What if I had handwriting samples in raw ink? Is that qualified evidence? It would be very easy to compare against other samples.
  13. I'm paying attention to all of your input. Still listening..... I knew this was big -- but it's turning out to be a doozy!
  14. Sorry, Legaleagle, I had to remove my state to get me under the radar a bit. Too much going down all at once. Thanks for checking
  15. I have the my original copy with the dates. Then the court has their different dates -- no other way this could have happened. I would have to pull up the scanned court copies to see what they show. When I filed my Answer, and there was no complaint on file, the clerks were mightily perplexed. I was there a long time just trying to file it. We ran all kinds of queries on the database trying to find ANYTHiNG. Nada. So, I'm pretty sure I can prove it. Thoughts?
  16. Backstory: CA missed window to file complaint after summons. Instead of starting over, CA doctored the documents, falsified service dates and filed them anyway. Having a feeling I could not trust the situation I stayed on top it: Good thing because the CA was positioning me for a default judgment. Anyway, after a court order to show cause, CA immediately files MSJ -- on a case that should have been dismissed according to Civil Code. MSJ is active and on record. I'm responding with an MTD (is that a good plan? -- I also have the option to MTC?) Here is my MTD. Thoughts? MOTION TO DISMIS
  17. Hey All- I have an MTC Hearing coming up shortly. While waiting, the plaintiff decides to fire off an MSJ . I have drafted this MTStay to attempt to freeze the MSJ. Thoughts? MOTION TO STAY ALL PROCEEDINGS PENDING MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion To Stay All Proceedings Pending the Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about XXXX Plaintiff filed its Complaint against Defend
  18. Hi Linda No evidence attached. They are suing for account stated.
  19. When would you, personally, use Standing? Later in the proceedings?
  20. Kittymamma- Is it self-defeating to use Lack Of Standing in Affirmative Defenses? I have been hit with MSJ's before Discovery even began. It's like the lawyers just want to go for the jugular and avoid the rest of it. I have been told if I didn't use Standing in Affirmatives then I wouldn't be able to use it.... More thoughts?
  21. Legal Eagle, Assuming I did elect arbitration per the agreement (carefully reviewed with qualified help here before I proceeded), what do you think of the Answer?
  22. Hi there! Utah laws advocating the consumer are somewhat tricky to find. What Utah Statutes are you aware of that are helpful? Particularly in Opposing an MSJ? Graci!!!