Aticnib

Freaking Out --- mistakes made how do I fix? Midland

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1.  Paralegal apparently served the subpoena to the Affidavit in Lieu but it was not signed.  If I'm not a party can I re-serve it?

2.  I looked at what has been filed and the court info online says that the POS for CCP96 was filed but not the actual CCP96.  I mailed it myself.  But apparently the clerk only filed the POS and not the actual CCP96.

3.  We mailed a Motion to Strike which was not allowed by the clerk to file.  So we look like idiots and they have our game.

4.  Can't find out what the rules are for time frame on filing MIL and TB.

 

I can't sleep.  I'm exhausted.  Seadragon and Helpme have been helping me so much.  But I'm still so confused and exhausted and AFRAID!  I spent the last hour crying.  :-(

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http://www.courts.ca.gov/rules.htm

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

http://california-discovery-law.com/

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1112

(f) Motion in limine

Notwithstanding (a), a motion in limine filed before or during trial need not be accompanied by a notice of hearing. The timing and place of the filing and service of the motion are at the discretion of the trial judge.

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1.  Yes, you can serve the subpoena. 

 

2.  You don't file the CCP96 with the court.  You just serve it on the other party. 

 

4.  As for the MIL, call the civil court clerk and ask what your judge's time frame is for filing and serving the MIL.

 

Good luck :D

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1. Paralegal apparently served the subpoena to the Affidavit in Lieu but it was not signed. If I'm not a party can I re-serve it?

 

Not sure what you mean.  Do you mean that the paralegal didn't sign the proof of service of the subpoena?  If so, she can just sign it now and resubmit.

 

.

 

2. I looked at what has been filed and the court info online says that the POS for CCP96 was filed but not the actual CCP96. I mailed it myself. But apparently the clerk only filed the POS and not the actual CCP96.

 

CCP 96 is not filed with the court. See CCP 96 (e): "No request or statement served under this section shall be
filed, unless otherwise ordered."

 

 

 

3. We mailed a Motion to Strike which was not allowed by the clerk to file. So we look like idiots and they have our game.

 

 They won't pay attention. Seriously. And the rent-a-lawyer they send to Court won't have the whole file anyway.

 

 

4. Can't find out what the rules are for time frame on filing MIL and TB.

 

When is your trial again?

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OK.  Breathing steady now.

 

Court clerk said that we can file UP TO 5 days before trial.  :D  I'm waiting until the last day.  No use in giving them time to buy more evidence.

 

Calawyer, the paralegal filed the POS which was signed by the server.  But the actual subpoena was not signed by my husband.  I sent her the signed subpoena but she served one with a blank signature line.

 

Before I file the MIL, is there anyone who wants to give it a final proofread?  You know how it is when you've been working on a document over and over as Helpme and I have and you miss glaring errors because your eyes get glazed!!!  :D

 

PM me if you would like and I'll send it to you.  Thanks in advance to everyone.  But especially to Helpme, Seadragon and Calawyer!!!

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