Lecasbas Posted April 24, 2007 Report Share Posted April 24, 2007 The JDB that is suing me has requested to and been allowed to appear by telephone. The Court has denied my request that I be allowed to face my accuser. She said appearance by telephone was allowed by Iowa law. I have not, to date, found anything to support my claim. On the other hand, is there any support for her's? Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted April 24, 2007 Report Share Posted April 24, 2007 You need to look up the rules for civil procedure in your state. It sounds like they can do this to me, since the court said so... Link to comment Share on other sites More sharing options...
Lecasbas Posted April 24, 2007 Author Report Share Posted April 24, 2007 I have read the Rules, among other things, until my eyes feel like watermelons. Can I challenge the Court to explain her decision? Link to comment Share on other sites More sharing options...
cracrap Posted April 24, 2007 Report Share Posted April 24, 2007 is this in small claims ??if so and if u lose ,,cant u appeal anyways which then moves it to civil ??which means they have to show?? Link to comment Share on other sites More sharing options...
jq26 Posted April 24, 2007 Report Share Posted April 24, 2007 1.431(9) The court may arrange for the submission of motions under these rules by telephone conference call unless oral testimony may be offered. [Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]1.701(7) Depositions by telephone. Any deposition permitted by the rules in this chapter may be taken by telephonic means.A party desiring to take the deposition of any person upon oral examination by telephonic means shall give reasonable notice thereof in writing to every other party to the action. Link to comment Share on other sites More sharing options...
Lecasbas Posted April 24, 2007 Author Report Share Posted April 24, 2007 The same JDB has filed 2 claims against me in magistrate's and district courts. Both Courts have allowed telephonic appearances even though I objected. I'd like to find some reference that supports their decision. I know I could file a motion asking for clarification but that would be an affront to thier position.Ideally, I'd like to find a compelling reference which supports my request for the JDB to appear personally in court. Link to comment Share on other sites More sharing options...
cracrap Posted April 24, 2007 Report Share Posted April 24, 2007 since they want to go telephonic..are they licensed in your state to practice law?? Link to comment Share on other sites More sharing options...
Lecasbas Posted April 24, 2007 Author Report Share Posted April 24, 2007 Thank you for the cited Rules. Are the justices extrapolating from these? I see support for motions and depositions but not hearings. What about a trial? Link to comment Share on other sites More sharing options...
Lecasbas Posted April 24, 2007 Author Report Share Posted April 24, 2007 Original quote by cracrapsince they want to go telephonic..are they licensed in your state to practice law?? I was too late for DV and haven't created my discovery questions yet. If the Court is allowing the JDB to practice law in her/his court than he probably is a lawyer. I will check, though.For now, I'd just like him to appear in court. Link to comment Share on other sites More sharing options...
CantCU Posted April 24, 2007 Report Share Posted April 24, 2007 I am a bit muddled about this...it's the JDB that is testifying by telephone. The lawyer for the JDB will be present in court, right? Is this a local attorney? If so, he is licensed.Here's what I would check on. I would look and find out if the JDB is licensed to do business in your state. If not, why would the court allow the testimony? So, if I recall the rules of procedure, the plaintiff's attorney ask the questions first, then it's your turn to question. Ask the JDB (before asking any other questions) "Are you licensed to do business in __ State, and if so, what is your license #". If he cannot answer, or provide information, ask the judge to dismiss and produce documentation that they must be licensed (if that is the case). I'm not sure of the legal term, but have the JDB's testimony stricken from the record since they can't testify if they aren't licensed? Link to comment Share on other sites More sharing options...
Lecasbas Posted April 25, 2007 Author Report Share Posted April 25, 2007 Originally posted by CantCUI am a bit muddled about this...it's the JDB that is testifying by telephone. The lawyer for the JDB will be present in court, right? Is this a local attorney? If so, he is licensed.It's the lawyer representing the JDB who wants to appear telephonically. He is located in my state. I assume he is licensed. I only have a c/o to the lawyer for the CA's address. I just checked courts on line in my state. I found that the CA was listed as plaintiff in serveral cases. It would seem both the lawyer and the CA have licenses to do business in this state. Link to comment Share on other sites More sharing options...
CantCU Posted April 25, 2007 Report Share Posted April 25, 2007 It's the lawyer representing the JDB who wants to appear telephonically. He is located in my state. I assume he is licensed. I only have a c/o to the lawyer for the CA's address. I just checked courts on line in my state. I found that the CA was listed as plaintiff in serveral cases. It would seem both the lawyer and the CA have licenses to do business in this state.I guess I have been so out of it with rules of civil procedure that I didn't realize that an attorney could appear telephonically. He was probably anticipating default judgements on all the cases he was bringing to court "with him" that day. Honestly, how in the world would an attorney actually try a case and not be there to see the actions in the courtroom? This just boggles the mind (not that I have much mind left, that is). Link to comment Share on other sites More sharing options...
Lecasbas Posted April 25, 2007 Author Report Share Posted April 25, 2007 Originally posted by CantCUHonestly, how in the world would an attorney actually try a case and not be there to see the actions in the courtroom? This just boggles the mind I agree.Originally posted by jq261.431(9) The court may arrange for the submission of motions under these rules by telephone conference call unless oral testimony may be offered.1.701(7) Depositions by telephone. Any deposition permitted by the rules in this chapter may be taken by telephonic meansI am still searching for references. To date this is the only possible support that the JDB (and judges) could be using. However, these Rules of Civil Procedure apply to motions and depositions. What about hearings and trials? This JDB is doing most of his collections via telephone. Very economical. If I can make him appear in court, his expenses grow dramatically. If it costs him too much he will dismiss his petition. If it works for me, it will help hundreds of other unforunate debtors. This guy will have to go get a real job. Link to comment Share on other sites More sharing options...
direred Posted April 25, 2007 Report Share Posted April 25, 2007 Many motions have hearings. Link to comment Share on other sites More sharing options...
Lecasbas Posted April 25, 2007 Author Report Share Posted April 25, 2007 Originally posted by jq261.431(9) The court may arrange for the submission of motions under these rules by telephone conference call unless oral testimony may be offered.Original quote by direred Many motions have hearings. I can follow this reasoning although I had to stretch my imagination. I can also understand a motion having a interlocutory trial. Am I correct in concluding that the final trial is usually elicited by a motion from one of the interested parties?The questions I still have are, "why aren't all the lawyers doing it" and "has anyone had a JDB or their attorney appear telephonically for every hearing like these guys are doing to me"? Link to comment Share on other sites More sharing options...
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