teachersrule

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About teachersrule

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  1. A World without JDBs

  2. Ugh. I sent the objection out yesterday without including the statement under penalty of perjury. I hope it doesn't get thrown out bc of that oversight. I will look into the file a motion for continuance for 60 days or so and motion to preclude. Thanks for that, BTO429. I did take out two sentences. Thanks BV80 and Flyerfan.
  3. @Flyerfan @BV80 I agree with BV80 that if I can include statutes and case law, it's beneficial would be beneficial to me. I have edited to include the statutes, but I am not sure this is proper format. I highlighted in red what I have taken from BV80. Please tell me what you think. COMES the Defendant, TEACHERSRULE, appearing PRO SE to OBJECT the MOTION FOR TELEPHONIC APPEARANCE by the Plaintiff or Plaintiff’s attorney. Pursuant to UTCR 5.050 (2)(a): If appearance or argument by telecommunication is requested, the first paragraph of the pleading, motion, response, or other initiating document must include the names and telephone numbers of all parties served with the request. The request must be granted. Plaintiff failed to list names or telephone numbers of the parties were included in said motion. Furthermore, the Defendant objects to the testimony of any witness(s) by telephone for the following reasons and referencing ORS 45.400(3)(a)( ©(f)(g): 1. Defendant has not subpoenaed the witness, but the Plaintiff should be prepared to bring its witness(s) to testify in person, regardless of economic status. 2. The Defendant must be provided sufficient opportunity to test the credibility of the witness(s) and/or the substance of their testimony. This can not be done telephonically as there is no way to judge body-language, observe facial-expressions, make eye-contact and/or reveal coaching. 3. By allowing the witness(s) to attend telephonically, neither the court nor Defendant has the ability to verify the named identity of the named witness(s). There is no way to prove the person phoning in who he/she says they are, the Plaintiff could substitute anyone. The Defendant reserves the right to face his accuser(s). 4. By appearing telephonically, the Defendant has no way to confirm if notes are, or are not, being referenced. In conclusion, It is quite unjust, particularly as a Pro Se Defendant, without staff or resources, to not be afforded such an opportunity. Defendant is clearly prejudiced by violation of Defendants right to confrontation. The Defendant Respectfully asks the Court to Deny Plaintiffs Motion to Allow Witness to Appear by Telephone. The taking of testimony by telephone over the objection of a party violates ORS 45.010 and ORS 45.040,. State ex rel Juv. Dept. v. Gates, 86 Or.App. 631, 634, 740 P.2d 217 (1987), rev. den. 305 Or. 45, 749 P.2d 1182 (1988) Signed on this day XXXXXXX
  4. @BV80 Thank you. Should I replace my objections with the information you sent, or incorporate your findings in the motion like this: COMES the Defendant, TEACHERSRULE, appearing PRO SE to OBJECT the MOTION FOR TELEPHONIC APPEARANCE by the Plaintiff or Plaintiff’s attorney. Pursuant to UTCR 5.050 (2)(a): If appearance or argument by telecommunication is requested, the first paragraph of the pleading, motion, response, or other initiating document must include the names and telephone numbers of all parties served with the request. The request must be granted. Plaintiff failed to list names or telephone numbers of the parties were included in said motion. Furthermore, per ORS 45.400(3): Except as provided under subsection (4) of this section, the court shall allow telephone testimony under this section upon a showing of good cause. The court may not allow the use of telephone testimony in any case if: (a) The ability to evaluate the credibility and demeanor of a witness or party in person is critical to the outcome of the proceeding; (b) The issue or issues the witness or party will testify about are so determinative of the outcome that face-to-face cross-examination is necessary; © A perpetuation deposition under ORCP 39 I is a more practical means of presenting the testimony; (d) The exhibits or documents the witness or party will testify about are too voluminous to make telephone testimony practical; (e) Facilities that would permit the taking of telephone testimony are not available; (f) The failure of the witness or party to appear personally will result in substantial prejudice to a party to the proceeding; or (g) Other circumstances exist that require the personal appearance of a witness or party. The taking of testimony by telephone over the objection of a party violates ORS 45.010 and ORS 45.040,. State ex rel Juv. Dept. v. Gates, 86 Or.App. 631, 634, 740 P.2d 217 (1987), rev. den. 305 Or. 45, 749 P.2d 1182 (1988). In conclusion, It is quite unjust, particularly as a Pro Se Defendant, without staff or resources, to not be afforded such an opportunity. Defendant is clearly prejudiced by violation of Defendants right to confrontation. The Defendant Respectfully asks the Court to Deny Plaintiffs Motion to Allow Witness to Appear by Telephone.
  5. Thanks for your quick response, Flyerfan. I also agree that HP is the best. I have read many of his posts.
  6. Thanks, HP. Please read the motion I plan to file in court objecting to a telephonic conference. Any suggestions would be welcomed! Also, since there is an arbitrator assigned, I will mail him and Midland a copy. Thanks. (In legal format with case #, etc...) Defendant's Opposition to Plaintiffs Motion to Appear by Telephone COMES the Defendant, appearing PRO SE to OBJECT the MOTION FOR TELEPHONIC APPEARANCE by the Plaintiff or Plaintiff’s attorney. Pursuant to UTCR 5.050 (2)(a): If appearance or argument by telecommunication is requested, the first paragraph of the pleading, motion, response, or other initiating document must include the names and telephone numbers of all parties served with the request. The request must be granted. Plaintiff failed to list names or telephone numbers of the parties were included in said motion. Furthermore, the Defendant objects to the testimony of any witness(s) by telephone for the following reasons: 1. Defendant has not subpoenaed the witness, but the Plaintiff should be prepared to bring its witness(s) to testify in person, regardless of economic status. 2. The Defendant must be provided sufficient opportunity to test the credibility of the witness(s) and/or the substance of their testimony. This can not be done telephonically as there is no way to judge body-language, observe facial-expressions, make eye-contact and/or reveal coaching. 3. By allowing the witness(s) to attend telephonically, neither the court nor Defendant has the ability to verify the named identity of the named witness(s). There is no way to prove the person phoning in who he/she says they are, the Plaintiff could substitute anyone. The Defendant reserves the right to face his accuser(s). 4. By appearing telephonically, the Defendant has no way to confirm if notes are, or are not, being referenced. In conclusion, It is quite unjust, particularly as a Pro Se Defendant, without staff or resources, to not be afforded such an opportunity. Defendant is clearly prejudiced by violation of Defendants right to confrontation. It's unfair and an extraordinary abuse of the process. The Defendant Respectfully asks the Court to Deny Plaintiffs Motion to Allow Witness to Appear by Telephone
  7. Thanks for the suggestions, BV80 and Flyerfan. I just hung up with the state of Missouri, and there was a notary by that name but he resigned in 2012. The paperwork I was sent was notarized in 2011. Since the signature is illegible, I asked the MO office for a document to verify his signature via fax. As for filing a motion to strike the affidavit of sale, should I send that to the court or arbitrator? Thanks for the advice.
  8. I received a letter from Midland attorney two weeks past the time I requested to produce documents. In the letter: As part of Plaintiff's ongoing duty to produce documents to your discovery request, please find the enclosed additional documents in support of Plaintiff's case. All Plaintiff's initial objections and assertions of privilege are incorporated herein by reference. Plaintiff reserves the right to supplement these materials pursuant to the Oregon Rules of Civil Procedure. These were enclosed: 1) An Affidavit of Sale of Account By Original Creditor after the time allowed to produce documents. It was signed by a person claiming to be the Asst Vice President of CitiFInancial, Inc. (OC) and notarized - the signature was illegible. This was from Missouri. I googled the asst. VP's name and the name of the notary, and there were no hits. I researched the notary on the Missouri Sec. of State website and "No records were found for the search criteria" popped up when I entered his name. 2) The Certificate of Conformity was signed and that lawyer does have a website and to my knowledge, is a practicing attorney. He is from Missouri. 3) There is a Bill of Sale and Assignment to Midland in San Diego, CA. This guy doesn't come up for Citi on google...only on another forum which states he signed the poster's BOS. 4) Information on my alleged acct. This is what is typed on the bottom: Data printed by Midland Credit Management, Inc. from electronic records provided by CitiFinancial Inc. pusuant to the Bill of Sale/Assignment of Accounts dated XX/XX/XXXX in connection with the sale of accounts from CitiFinancial Inc. to Midland Funding LLC. Midland's attorney also refers to me as the incorrect sex...any way that can be cause to dismiss for technicality? just wondering! Should I file a motion to strike the affidavit? I have a mandatory arbitration for the end of the month. Should correspondence be mailed to the arbitrator, or file with the court? Finally, I may be slow to respond because my sister just passed away, so I am dealing with a lot of personal issues right now. Please know I am thankful for all the help you can give me.
  9. Coltfan1972, My change based on your suggestion: 8. Admit that your account was in default. ADMIT or DENY: OBJECTION - Assumes facts not in evidence that the defendant was owner of account, therefore, without waiving said objection the Defendant Denies. * Also, can I only start one new forum a day? I wanted to post my answers to Midland's first request for Production of Documents, but somehow, I can't find the "new Forum" button like I did this morning. * And do you know of any good threads I can research about Production of Documents? I searched the forums, but not much came up. Thanks for your help!
  10. Yes, Coltfan1972, but I need to send the answers to their request ASAP. I am working on answering the Production of Documents now, and hopefully will be able to work on my requests for admissions and production of documents tomorrow evening.
  11. Thank you, BV80 and Coltfan1972. I am changing to: 8. Admit that your account was in default. ADMIT or DENY: OBJECTION - Assumes facts not in evidence that the defendant was owner of account, therefore, denies. Sound OK?
  12. BV80, Those were the exact words used in Midland's admissions request. Are you saying I should change the wording, or I should DENY with explanation?
  13. Thank you Nascar, Flyerfan, and BV80 for your responses. I have edited the answers for Admissions, and sending tomorrow. If you think of anything else, please let me know. I am currently working on my responses to FIRST REQUEST FOR PRODUCTION OF DOCUMENTS and will post them tonight. I hope you can provide your insights on those answers as well. Thanks again. Answers for first set of admissions request: 1. Admit or deny you had a credit card account with Citi. ADMIT or DENY: DENY 2. Admit or deny you received a copy of the terms for the credit account. ADMIT or DENY: DENY 3. Admit that under the terms of the Account, you agreed to pay for the credit balance on the account. ADMIT or DENY: DENY 4. Admit that you used the Account to obtain goods, services, or money. ADMIT or DENY: DENY 5. Admit you received periodic statements from Citi, regarding your account. ADMIT or DENY: DENY 6. Admit that you did not object in writing to any changes or fees on the Account within 60 days of the receipt of the periodic statement reflecting an allegedly disputed charge/fee. ADMIT or DENY: DENY 7. Admit you stopped making payments on the account. ADMIT or DENY: OBJECTION: Assumes facts not in evidence that the defendant was responsible for payments and made payments to account, therefore, denies. 8. Admit that your account was in default. ADMIT or DENY: DENY 9. Admit you are indebted to the Plaintiff, the lawful assignee of CITI, for the full current Account Balance stated above. ADMIT or DENY: DENY 10. Admit that you have no evidence to disprove or defend against Plaintiff’s claims in the action. ADMIT or DENY: DENY 11. Admit that under the terms of your agreement with the Citi, you agreed to pay interest at the rate stated in the Complaint on the principle balance of your account, plus any additional court costs incurred to enforce the agreement. ADMIT or DENY: OBJECTION - Calls for a legal conclusion, the purvey of which is best left to the trier of fact.