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If ProSe's are kept to the standards of Atty's...


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If Pro Se's are supposed to be kept to the standards of atty's (we are supposed to know the rules, answer properly, etc.) then how can we claim the following bolded part?

They don't really expect you to admit to all the b.s. they put in there. It is just to hope you ignore it so they can win with no fight. If you can, by rule, get them tossed then I guess do that. If not, just answer them. 99% will be deny and/or objection calls for a legal conclusion and Defendant is not an attorney so the request is improper.

It was just something that occurred to me when I read Coltfan's response in a thread. So? How can we defend that statement?

I know because I did not attend law school, I cannot even begin to comprehend the meaning behind the words in some of the things they ask. But on a non-lawyer education, I do understand what those words mean--just not how they might be viewed in a legal situation.

So, if a judge says that reply isn't good enough, that I being a Pro Se held to the same level as a lawyer, cannot claim the request is improper. Or does the whole "held to the same standards" only apply to the rules of court and how the paper work is filed?

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You throw the last part about not being an atty in just to drive the point home. It's improper now matter if you submit a request for an admission to Chief Justice John Roberts or a pro se with no law degree.

You can't ask for a legal conclusion in a request for an admission from any party. That is what your in court for and what the judge is there for. Of course each sides legal conclusion is going to be in their own favor.

It basically says, it is improper to ask and even if I did want to answer an improper questions, I'm not an atty. That way you don't look like you are trying to duck a question.

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Your held to the same standards as far as the rules of procedure are concerned. You can't file something late because you did not know. You can't claim lack of knowlege of the rules.

You can't ask the judge how long you have to appeal, what is the best argument the judge wants to hear, or if the judge says I want you to brief the court on that matter within 15 days, what they mean by brief the court. You can't ask request for admissions as an interrogatory or an interrogatory as a request for a production of documents.

You have to file the motions correctly, raise the right issues, object properly, and lay a foundation to enter evidence. You can't say, I know this is important but not sure the right time to present it so will you take it now judge and deem it admitted at the right time.

That is what I mean by held to the same standards. Not your actual knowlege of the law itself. Trust me, you will find many times where you know the law better than the other side and even the judge. You go to court for a single issue on a single law usually. The judge has to know it all. It is not uncommon for the judge to take a recess to research something and then come back in your favor. The judge will not even know it all of the top of their head.

The rule book is the courts rules of procedure. That is what you will be expected to know and can't use I don't know or read that wrong as an excuse.

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Grazie! Grazie! Grazie! Coltfan

I understand it better now. Thank you for the clarification! As I said, the meaning behind some legal wording and phrasing seems to carry a whole different meaning than I am used to reading. Still reading, still learning!

Can anyone post some linkys to some threads dealing with this issue, good or bad? I'm going to do some searching, but if anyone remembers a particular thread, please share!

Grazie!

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