bff Posted May 15, 2021 Report Posted May 15, 2021 First question: I filed my answer on last day to response. I submitted to the clerk the answer with my original signature and the POS with original signature. I asked the clerk if it looked good, and she smiled and stamped it and gave me a 'conformed copy'. I gave the opposing party a copy of the answer with a copy of the POS. I sent that certified mail return receipt. This was done on the same day (the last day to answer). Today i checked online and someone on their end recieved the copy. Now i go to the docket, and i noticed these entry. (i have redacted identifying info). This was same info on date i answered 00/00/0000 Answer; Filed by: XXX (Defendant) 00/00/0000 Notice of Trial; Filed by: Clerk 00/00/0000 Notice of Trial; Filed by: Clerk 00/00/0000 Updated -- Event scheduled for 00/00/0000 at 00:00 AM in XYZ Courthouse at Department XYZ Type changed from Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 to Non-Jury Trial What does the last one mean? Order to show cause? Default judgement? Was i supposed to have the POS filed separately? I gave the clerk the answer AND POS (both originals). She didnt enter it correctly or what? Second question: I wish to change my petition. Reword some parts and add in some affirmative defenses. I understand i have 10 days from the date i just answered. So how do i do that? Exactly the same process? What do i call the new petition? 'Answer 2' ? Third question: My pleading paper did not use the numbers at the left side for as the plaintiff did. I used a sample pleading paper form here https://www.litigationbythenumbers.com/pleadingpaper . Do i need to redo it with numbers or is that site accurate Additionally, i just learn that the rules say it had to be hole punched and wasnt!! Why would the clerk accept and file the paper yet? Is this some kind of sick joke where they take your money but then blame you for small technicalities because you dared present yourself as Pro Se? Fourth final question: If i did mess up, can i not expect the clerk's to catch rookie mistakes? Are they supposedly barred from 'giving legal advice' that they dont stop someone from submitting something that is technically off? I thought there was special allowances in standards for the Pro Se vs an attorney. Quote
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