Sumguy123

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Everything posted by Sumguy123

  1. If you type in "Statement of the Proceedings", or "The Record on Appeal", or something similar on Google for your state, might help find your states rule that provides info on your options for methods of making a record for the appellate court. California for example has Rule 8.836 for [limited cases], and Rule 8.134 for [unlimited cases]. Both on Cal. Courts, Judicial Branch online, 14 pages on pdf. Adobe Reader. A short read says that either a court reporter, an agreed or stipulated statement of the proceedings between the parties, and some of those courts have electronic recording of the proceedings available to litigants. If you want/need a recording for appeal, or to support your arguments at a future hearing, you can get one from the court and use it to have a court reporter transcribe it for you. Best to check way in advance of your hearing, to make sure they record your type of proceeding., ie; family, juvenile, divorce, probate, small claims, general civil, etc. Some states provide a recording for only the first four types, but general civil, they don't. Each state is different. So best to check way in advance what type of cases they do or don't record. As a backup, a motion can be filed in advance of a hearing requesting permission to record the proceedings on your personal recorder. To have that available option in case something goes wrong with the courts equipment, the bailiff/court room clerk/court technician forgot to turn it on, ran out of tape, or "its out of service", at the last minute before the hearing. Then your SOL for lack of a record on appeal, if needed. There doesn't appear to be any reason that I know of, why you couldn't use either your own recording, or the court's recording, to draft and submit your Statement of the Proceedings to opposing side. Similar to a transcript. Opposing side or thetrial judge can't argue/object to its own voice/speaking or the verbatim statement of the recording. So the recording keeps everyone on the record a little more cautious of what they say. Some judges, if they see that you don't have a court reporter present, will rule anyway they want, right or wrong. Same with atty.'s, if the see no reporter present, they will do and say whatever is neccessary to get an order signed. Of course there are the yellow pages for court reporters. And there's the clickable link above for digital court reporting. Which would provide valuable insight in this type of reporting. I believe the digital reporting can provide a instant transcript right there at the end of the hearing. And I believe it is cheaper than a regular transcript page. A court reporter page last time I checked was like $5.50-$6.00 for a double a spaced page. Whereas a digital page is like a buck a page cheaper, or maybe less. Check that link above for the price per page. If you can afford a court reporter and transcript, then you don't have to worry about the alternatives above. But if you plan on appealing, you have to have a record for the appellate court. Type "Record on Appeal" for your state in a search engine and see what the appellate court's findings are on appeals brought w/o a proper record on appeal, or a lack of a record on appeal. Most of these cases get affirmed. Lastly, you don't need a transcript of every hearing, just the one pertinent to your issues on appeal. Hope this helps.
  2. Try: "Effective use of objections in responding to interrogatories", on www.CAALA.ORG. Explanations of objections, Cal. case cites, etc. Or: "Relevant information need not be admissible at the trial if the discovery is reasonably calculated to lead to the discovery of admissible evidence." All discovery is subject to the limitations imposed by Fed. Rule Civ. P. 26[2][C].
  3. Is this a credit case? R. No Are you suing for FDCPA or anything? R. No What is the nature of your action here? R. See post #14 Did you read the most recent post or have a response? When you ask who the defendant is, is this in regard to a credit case question?
  4. Greetings: I see scattered in various parts of threads discussion relevant to court reporters, using tape recorders, etc. So I thought a specific thread dedicated to the court reporting, or tape recording the proceedings would be a good edge-ja-ma-ka-tional discussion. Basically we all need a court reporter at all hearings, presuming you can afford one, and the transcription fees...ouch! I know some will argue you don't need a reporter for certain hearings such as Summary Disposition [sD] or Summary Judgment [sJ]. But the choice is ultimately yours. A lot of pro se litigants and even attorneys for whatever reasons, don't bring a reporter to their hearings. The obvious problem here is if you get an adverse ruling and want to appeal. You have pretty much already shot yourself in one foot, so to speak. You file your notice of appeal, research, draft, pay the steep filing fees and file your brief.The other side either responds, or doesn't. If you haven't filed a transcript, your half dead in the water. You wait months for the decision, and you get the decision in the mail, you say your Hail Mary's and nervously open it up and BAM!...appeal dismissed! The decision states that w/o a record of the hearing, this court cannot determine what the testimony was, or how/why the court made its ruling, etc. So that is really discouraging after all the work and money you put into it. So that's what this thread is about. Most appellate courts won't even consider an appeal if it lacks a transcript of the proceedings being appealed. But will look for error on the face of the record that is apparent. So what are the alternatives? Most states offer some sort of alternative procedure for a appealing party to submit a statement of the proceedings or something similar in lieu of a transcript if not available for whatever reason. Taperecorders can be used with permission of course, but obviously your state rules need to be checked for proper procedure. Some states require pre-approval via motion before the hearing and notice to the other side. Some allow a verbal request to the judge at the hearing. I haven't been denied permission yet. So either bring a court reporter or if you can't afford one, then the tape recording with permission is the only option. At least with the recording you have a verbatim record of what was said at the hearing. This will allow you to use/make a alternative statement in lieu of the court reporter transcipt. That once approved by the lower trial court, can be submitted along with the rest of the record and briefs for appellate court review. Bottom line is, everyone needs to have some kind of a record for appellate review. So if anyone wants to share their experiences with this issue, have at it.
  5. R. What I meant by start another thread for the court reporter issue, is start a whole new thread, not within this thread. So as not to confuse this current thread with a whole different issue. Thanks.
  6. R. I agree in part and disagree in part, the reason for disagree is: see nervousones thread on SD, I just cited a case in hid thread, where the appellant's appealed a SD case, but had no court reporter. They moved to dispense w/the court reporter bit. The COA denied this argument and cited a lack of record on appeal precludes proper appellate review. This is true generally speaking, but not always. The part I agree with is as you say, SD is usually submitted on the paper evidence submitted to the court, so the need for a reporter is diminished, But still atty.'s are good at drawing inferences that may influence the court's decision. On that note it would be preferable to have reporter present in case of an adverse ruling. Or a tape recorder w/permission of course. R. I agree here, most states if not all, have some type of rule allowing a statement of the proceedings in lieu of a transcript. But depends on the states rule of same. In my state the rule doesn't allow for sanctions against a non-complying appellee. So it makes it tougher to get a court approved statement for the appellate court to consider on appeal. But it is doable with the right paperwork and being diligent enough to make sure the court does its job, signs the order and submits it, otherwise the court could care less. Judges don't want to be reversed, especially by a pro se litigant....ouch! Bad enough with a attorney...but a pro se...yikes!
  7. I was going to suggest a case cite, but forgot nervousone had his hearing today. But at any rate I don't know if he brought a court reporter or personal recorder to record the proceeding, or if you suggested he do that? But heres why one case why it is good/mandatory to have either or: Nye v. Gable, Nelson, & Murphy, 169 Mich. App. 411 [1988 425 N.W. 2d 797, and cited cases, which can be read on Google Scholar. BMC100 do you know the answers to post # 31? There are quite a few hand writing machines that can reproduce original signatures. Especially with robo type signers, see/hear a lot of this in foreclosure arguments.
  8. R. Rule 1.150[d] Personal recording. Yes on motion. Admin this is a double post, don't know what happened, tried deleting, but didn't work? You can delete if you want.
  9. R. Rule 1.150[d] Personal Recording Devices. Need to obtain advance permission from judge. The judge may permit inconspicous personal recording devices. So sounds like a simple motion requesting the judge to record. Copy to other party. I ask verbally at the start of a hearing if its okay. Not denied yet, but I'm in another state. You can use your recording to transcribe a verbatim transcript if needed, pursuant to whatever Cal. rule that allows you to do that. Use a real court reporters transcipt as a guide. I'm sure there are many transcripts on line to look at for reference as a template.
  10. Are there forms available on this forum? If not, type in Google "Georgia interrogatory request form". First hit: NorthwestRegisteredAgent.com has general sample forms for discovery requests, motion to compel, summary judgment, etc. Letter forms generally don't work very well. You need to have a Certificate of Service on the motions. You can't file a Motion To Compel until you properly serve the interrogatories w/a COS, and wait 30 days or whatever your state allows. So resend your discovery request in proper form. Add 5 days to the 30 for back & forth mailing, before you entertain a MTC. For a more professional form: Go to davidjreed.com for a sample First Interrogatories. its not dealing with credit issues, but gives you the format and some Georgia rules.
  11. Well good for you that you appealed and won and w/o a court reporter present. Generally, appellate courts will dismiss an appeal due to a lack of a transcript. This is also, a whole another thread. So many pro se litigants go to court w/o a court reporter or at least a tape recorder. Totally unaware after doing all their work, and paying $300-$400 for appellate filing fee costs and then the appellate court dismisses their appeals for lack of a proper record. Maybe you should start a thread on this issue, or maybe a "sticky" would be appropriate. Some atty.'s won't even take a case unless the client stipulates in the contract that the client will keep the account sufficient enough to bring a court reporter to all hearings. And if the client isn't willing to do that, the atty. declines taking the case.
  12. Thanks KentWa, I have read most of that Fla. report previously, good article for pro se's in general. I may have used some of that language in my prior papers. I don't think one needs to be an attorney to see the miscues done here. Thanks.
  13. R. As to the merits of the case...no. It's more convenient to dismiss with prejudice. Makes for less paperwork? R. Substitute one biased judge for another. R. Cool! Thanks for posting.
  14. Why did the judge rule the way he did? Why did he require you to hire an attorney? R. I admit up front, I'm no Clarence Darrow, nor am I a trial attorney. But I was willing to give it a shot, but the trial judge made a ruling that he felt I needed an attorney in order to do the trial. So thats what he did do...ordered me to hire an atty. within a certain amount of days or my case would be dismissed w/prejudice. The obvious problem here is: How do you do that if you, defendant's and the court know you are indigent...? The original trial got sidetracked on a number of issues, unresolved discovery, several witnesses were unable to be served or appear, one witness was in the hospital on the day of the scheduled trial unbeknownst to me, opposing counsel refused to accept trial exhibits before trial, the court was made aware of these factors, but a continance of trial was denied. Discovery orders being signed off w/o my knowledge or seeing the proposed orders before they were signed off, disposing of multiple discovery motions, objections by me ignored, etc.etc.etc...."Good Ole Boy Network? "I've been working on the Railroad" "Thrown Under the Proverbial Bus Doctrine", etc. R. I disagree here. I have explained/answered the questions asked. I guess I could have done a ten mile long post explaining every detail and put everyone to sleep in the process. Don't forget as I'm posting, and at the same time, I'm also trying to do research and get my paperwork in on time to make the deadlines for the Lack of Prosecution issue. Which I was led to believe was the current issue. So if you want to go back and reread the posts/answers that's your option to do so. So to get back to the issue at hand: Can you answer my question I asked previously? Should I argue in my motion for rehearing the issue of Lack of Prosecution or the Prior order requiring me to get an attorney I can't afford or both? The most recent order dismissing the case, as explained in my previous post, crossed out the lack of prosecution issue, and refers to the prior order to get an atty. R. The case is not over yet, it is still in litigation. As to the 2nd point, I disagree to a point here as well. Keep in mind obviously we are on the worlwide web.
  15. R. Good observation/point/reality check here. This is/was my interpretation of judges in general whenever a pro se walks into a courtroom. First impression, by the judge is usually a negative one, just a lack of respect toward the pro se litigant, trying to make sense of a complicated mishmash of laws, rules, statutes, evidence rules, etc. ad nauseum. But the judge keeps the poker face intact throughout trying to appear impartial, and not biased . Like the attitude is the pro se didn't go to law school, or earn a law degree, so who the ________ are you to come in here, in my courtroom, and argue the law, make objections, or whatever....take a hike!...go spend $300, 400, 500, 600, an hour and get an attorney! Yea sure, lets see, I make $7, 8, 9, 10, maybe $15 an hour, got to pay rent, food, gas...sorry I'm tapped just filling the tank? This is a whole another thread. So definitely agree here....
  16. R. Couldn't agree more. I've heard these phrases quite a bit here in Fla., "good ole boy network", it's like Dukes of Hazzard--the judges are the Dukes--and they create a hazzard for themselves, the litigants, and the system in general. Not to say they are all bad, but my experiences make me wonder? I presume when you say "file a complaint", you mean a disqualification motion. If so, then I agree with the second part. R. Not. Thanks, appreciate your response.
  17. R. Do you have a more specific cite on this case? R. Thanks, but my research shows that civil litigants, unless a family, juvenile, or probate type issue, doesn't allow representation for indigent litigants. R. I agree, agree, no $$-no atty. Thanks, appreciate your input.
  18. R. Defendant lacks sufficient knowledge to answer this question.
  19. Case update: As expected, the court dismissed the case w/prejudice. At the hearing, the judge didn't even ask me if I wanted to respond, ask questions, etc. The opposing counsel just stated a previous order was issued by the same judge requiring me to hire an atty. or my case would be dismissed w/prejudice in 30 days. Those 30 days had long passed, but no further court correspondence was issued, until recently when I got the court's notice of lack of prosecution/court's notice to dismiss/notice of hearing/order setting status conference. I responded by renewing and refiling some previous discovery motions that were never ruled on and a motion to stay the proceedings until they were ruled on. The court rendered its order today, which was titled: "Order on Notice of No Record Activity and Motion for Dismissal for Failure to Prosecute". In the body of the order are five reasons to be checked off if one or more applies to the order above. The Judge checked off the 1st part: ____This action was heard on the court's motion to dismiss for lack of prosecution served on ___date_____. The court finds [1] notice prescribed by rule 1.420[e] was served on _____date______; [2] there was no record activity during the 10 months immediately proceeding service of the notice; [3] there was no record activity during the sixty days immediately following notice; [4] no stay has been issued or approved by the court; and [5] no party has shown good cause why this action should remain pending. Accordingly, IT IS ORDERED that this action is dismissed for lack of prosecution. The Judge drew a X through the body of the above paragraph, crossed out the last four words: "for lack of prosecution", and next to that wrote: "with prejudice pursuant to the order of ____date______. The order the court is referring to is the order requiring me as a court approved indigent litigant, to hire a attorney at my own expense within 30 days or my case would be dismissed with prejudice. Makes sense to me? I guess its the best/easiest way to clear the judges docket. Lets see we know he has no money to hire an atty., lets issue an order requiring him to hire one at his own expense, or we will dismiss his case w/prejudice, problem solved. Everyone gets off the hook. After the atty. got the judge's approval, he walked out of courtroom, and I'm standing there like WTF? I asked the judge, What I don't I get an opportunity to respond? Judge, no because the case was dismissed w/prejudice back on ____date_____. I'm like, funny I never received a copy of that order? Well you can go to the clerk's office an get one. I asked the judge if the case was dismissed w/prejudice back then, why are we here now? Why did I get a copy of the notice for lack of prosecution? Judge goes, it must have been a mistake? I'm saying to myself, if it was a mistake, then why does the notice of lack of prosecution have your/judges signature on it? So it appears to me that the judge realized that there was record activity to preclude dismissal, and that's why the judge crossed out the "for lack of prosecution" and inserted with prejudice pursuant to the order of _____date______. So I guess its okay to just arbitrarily decide to require a indigent litigant to hire an atty. the court knows the litigant can't afford to hire? Or the case gets dismissed? So now if I motion to rehear the order, doesn't appear that an argument relevant to the lack of prosecution would be of much value according to the order. But Interestingly, we got a "Order on Notice of No Record Activity and Motion for Dismissal for Failure to Prosecute", yet the "for lack of prosecution" was crossed out...? And replaced with: "pursuant to the order of _____date_____. So I argue the "failure to hire an atty. and comply with the order issue"? Kinda beside myself here...? The bailiff was a jerk and a half also, rudely telling me I'm not an atty., its over, your done!, with an attitude. Talk about getting railroaded. So I guess if your not an atty. the court can preclude pro se litigants from litigating their cases? Its like the court precluded me from prosecuting my case, by requiring me to do something they knew/know I can't do or comply with...$$$ to hire an atty. So how do you prosecute a case, when the court itself is precluding you from doing so? If you show record activity, they can't dismiss, so they use their alternative ace...you failed to comply with the order we/you/and everyone else knows you can't possibly comply with? And don't forget...I willfully disregarded the court's prior order, because I could not afford to hire an attorney and filed my own paperwork to make my record? I willfully couldn't afford an attorney...? ?? I guess the best analogy is: "Its like being caught between a rock and a hard place", or "Your damned if you do and damned if you don't?" True American Justice or True American Just-is Being Railroaded. So any input appreciated, Thanks, sumguy.
  20. Add in that they did not respond to you Production of documents and admissions, which is also in your opposition. R. Did you file a Motion to Compel Production of Documents and set your motion for hearing? Did you get a court order requiring the plaintiff to respond within a certain number of days? Did you file a Motion to Deem all Admissions Admitted? For failing to answer/respond to the R.F.A.- admissions within 30 days Next, focus on issues of material fact. Do not leave it up to the judge to interpret what you want him to know, clearly outline the points that you want to make. R. This is what SD is about for the non-moving party, that you need to show/prove that their are at least one triable issue of material fact in order to preclude SD.