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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110600
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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For Law educator Esq. ONLY.
WHEN THE PLAINTIFF FILLED THE MOTIONS THAT I AM APPEALING, I FILED OBJECTION MOTION TO THE MOTIONS. WE WENT FIRST FOR THE PLAINTIFF's ARGUMENT AFTER THAT I FILED A MOTION FOR THE COURT TO ALLOW ARGUMENT ON MY OBJECTION MOTION AND IT WAS GRANTED, BUT WHEN IT WAS PUT ON CALENDAR, IT WAS PUT AS THE PLAINTIFF's MOTION. BECAUSE IT WAS TOO CLOSE TO THE TIME FOR ARGUMENT, I WENT TO THE COURT TO LET THE CLERK KNOW THAT I ASKED FOR ARGUMENT FOR MY OBJECTION AND NOT FOR THE PLAINTIFF's MOTIONS. THE CLERK TOLD ME THAT IT DID NOT MATTER WHETHER THE PLAINTIFF's motion is showing on calendar or mine. But on the argument day, the plaintiff did not allow me to go ahead with my argument saying that I already had opportunity to argue at the first argument, that after-all we were in court for his motion. Immediately I mentioned the fraud issue the attorney objected, saying that it was defamation, then the judge stated that she did not want me to read that on record, the Judge then asked me to file all the questions and argument that I prepared for court that she will go through them for judgment. There were new evidences of fraud and violation of FDCPA that are certain, that I discovered before that argument. The plaintiff and his attorney added a new page of thousands of dollars to the invoices with the entries picked up from other pages word for word, same dates, same work descriptions, same amount same people that did the work, just to fill the new page and those entries were still left at their original pages. This was done right before the trial to create a new invoice to deceive the court that the invoices were given separately and to make up the total that didn't add up on the fabricated invoices. But I filed the original invoice during the pre-trial which proves that the document was tampered with and recreated for trial. The invoice that they gave first was full of false entries too. I never had the chance to ask question about all the new discoveries, but the Judge asked me to give copies of the exhibits and questions with the violations to the plaintiff's attorney to view and asked him to object to whatever he did not agree with, he went through it and said he had no objection and I filed all the documents. The judge never mentioned that new discovering and the attorney's violations that was never in the first appeal. She gave her judgment that after viewing all the fillings that I was arguing the same argument that was already on the other appeal. There was never a separate judgment for my objection.
My questions are (1) is it normal that the approved argument on my objection was on Calendar as the plaintiff motion (2) was it okay that the judge said that I was already given the chance at the plaintiff earlier argument and refused to let me argue my case during the argument awarded me for my objection? (3) is it okay that the judge asked me to file my prepared rough work, the questions and exhibits that I prepared for court. (4) is it normal that judgment was never render on my objection motion. I want to know these so that I know what to keep out of my brief.
I am sorry that this is a whole lot and the capital letters and all, it has been a long day. ( this is the regular with second appeal)
Submitted: 4 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When a plaintiff files a motion, you must file an objection and a countermotion if you want new issues to be heard. This is why the judge is telling you that they would not let you argue anything new. The judge can allow a pro se litigant the opportunity to submit what they have in writing to look at what their arguments are, but the judge should have at least decided on your motion.
I would consider filing a new rule 60 motion based on your new evidence of the fraud and argue the evidence was not available previously and also that as a pro se party you are entitled to more latitude in your pleadings and your claims should be considered in the interest of justice.
Customer: replied 4 months ago.
I filed an objection to the plaintiff's motions like you advised me to at that time and when I found the new evidence, I filed amended objection before the second argument and the plaintiff did not object to it. Shouldn't those issues be on appeal? And since the new issue of fraud was actually filed in an objection, was it not supposed to be heard? I just want to make sure that my argument on appeal makes sense.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Yes, those objections should have been considered and heard and the motions should have been decided in light of those objections.
Customer: replied 3 months ago.
My adding in my appeal that the court did not consider those issues, is okay, as her judgment only stated that the reason for giving the Plaintiff judgment is that I was arguing the same issues that was in the other appeal and these issues were not.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
If the court did not consider those issues, you can point that out and ask them to do so and explain why they need to be considered.
Customer: replied 3 months ago.
I should ask the appellate court to consider it or ask them to remand the case back for it to be considered.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
Since you are filing your new appeal, you can ask in that new appeal to reconsider the matters already decided.

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