How JustAnswer Works:

 
 
 
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
 
 
 
Ask AlexiaEsq. Your Own Question
AlexiaEsq., Managing Attorney
Category: Consumer Protection Law
Positive Feedback: 98.6 %
Satisfied Customers: 11030
Experience: 19+ Years of Legal Practice in Consumer Protection.
Type Your Consumer Protection Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

I do believe this will be the last question on this topic...

Resolved Question:

I do believe this will be the last question on this topic... :-)

Is it acceptable to bring in new arguments in the Motion for Reconsideration and should a memo of law be included to support? This is county court and at first blush they do not seem interested in much more than the Answer and judgement.

Along those same lines and in your opinion only, would filing this annoy the judge, particularly since it is coming from a Pro Se Defendant? In conversations with the JA they have made it clear that they do not hear Motions from a Pro Se unless the judge deems necessary.

If any point we are able to engage your services in addition the online help provided from this service, please do advise.

Thank you, XXXXX XXXXX the rest of the weekend~

Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  AlexiaEsq. replied 11 months ago.

Hi!

Is it acceptable to bring in new arguments in the Motion for Reconsideration and should a memo of law be included to support? You can, if they can help show that the judge applied the wrong law. You don't just ask him to reconsider, as he will surely affirm, since you've not given him a reason to think he made an improper legal decision. So you need to give him the legal argument in a supporting brief.

This is county court and at first blush they do not seem interested in much more than the Answer and judgement.

Along those same lines and in your opinion only, would filing this annoy the judge, particularly since it is coming from a Pro Se Defendant? It shouldn't, your court rules typically provide for it, so you don't have to go to appeal if there WAS a legal wrong - he can just fix it and it be over - rather than be appealed, take years, and have his decision overturned by the appellate court.

In conversations with the JA they have made it clear that they do not hear Motions from a Pro Se unless the judge deems necessary. JA? If someone won't here a proper motion because the person is pro se, I'm sure THAT is an appealable point!

If any point we are able to engage your services in addition the online help provided from this service, please do advise. I wish that were so, I am so sorry it is not permitted of me.

Thank you, XXXXX XXXXX the rest of the weekend~You too!

Optional Information:
State/Country relating to question: Florida

Customer: replied 11 months ago.

Thank you and Judicial Assistant was the reference. She explained that they do not schedule hearings for Pro Se parties and the only way to do so is if we hire an attorney. We inquired about filing a Motion for a hearing and she further explained that we could file what every Motion we would like, we filed it that day and that day they also denied the MTD.


Thank you again as your feedback as filled in the gaps and any response to the above based on your opinion is much appreciated.

Expert:  AlexiaEsq. replied 11 months ago.


Thank you and Judicial Assistant was the reference. She explained that they do not schedule hearings for Pro Se parties Even if requested? This sounds quite unconstitutional - treating those with attorneys with more choices than those without.

and the only way to do so is if we hire an attorney. That is incredible to me.

We inquired about filing a Motion for a hearing a hearing about what?? Do you mean you wanted oral argument on your MTD?

and she further explained that we could file what every Motion we would like, we filed it that day and that day they also denied the MTD.

Thank you again as your feedback as filled in the gaps and any response to the above based on your opinion is much appreciated.Welcome, wish there were more that I could do.


Customer: replied 11 months ago.

Yes, she advised that they do not hear Motions even if requested from a Pro Se.


Yes, we wanted to schedule an oral argument to hear the MTD and followed the guidelines that judge published, which do state that they are indented for the Pro Se and attorneys. We coordinated with opposing counsel prior and called the JA as the guidelines state...


Is there anything we can do to contest this?


Thanks again and as always very helpful.

Expert:  AlexiaEsq. replied 11 months ago.

Yes, she advised that they do not hear Motions even if requested from a Pro Se. That seems so wrong to me.

Yes, we wanted to schedule an oral argument to hear the MTD and followed the guidelines that judge published, which do state that they are indented for the Pro Se and attorneys. As pro se, you should NOT be prejudiced just because you don't hire a lawyer. That is BS. Pardon my french. But that disturbs me greatly.

We coordinated with opposing counsel prior and called the JA as the guidelines state...


Is there anything we can do to contest this? While I assume a Judge can decide to hear a motion on the papers only (no oral argument), I do have a problem if they ONLY do that with pro se's. But I don't see what you can do quickly that would remedy that. But if you are filing motions, be sure to use the law that supports you winning, not just the facts you feel are compelling without the law that supports what you contend.


Thanks again and as always very helpful.Ah, I wish it could be more so.

AlexiaEsq., Managing Attorney
Positive Feedback: 98.6 %
Satisfied Customers: 11030
Experience: 19+ Years of Legal Practice in Consumer Protection.
AlexiaEsq. and 2 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • INFOLAWYER's Avatar

    INFOLAWYER

    Lawyer

    Positive Feedback:

    96.6 %

    Satisfied Customers:

    4776
    Licensed attorney helping individuals and businesses
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg INFOLAWYER's Avatar

    INFOLAWYER

    Lawyer

    Positive Feedback:

    96.6 %

    Satisfied Customers:

    4776
    Licensed attorney helping individuals and businesses
  • http://ww2.justanswer.com/uploads/paulmojd/2008-11-27_190909_paul_pic_2.jpg PaulMJD's Avatar

    PaulMJD

    Lawyer

    Positive Feedback:

    98.4 %

    Satisfied Customers:

    4104
    Attorney experienced in commercial litigation.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Positive Feedback:

    98.9 %

    Satisfied Customers:

    2355
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Positive Feedback:

    98.4 %

    Satisfied Customers:

    1356
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Positive Feedback:

    98.1 %

    Satisfied Customers:

    1163
    15 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Positive Feedback:

    98.5 %

    Satisfied Customers:

    1130
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg PhillipsEsq's Avatar

    PhillipsEsq

    Attorney-at-Law

    Positive Feedback:

    98.4 %

    Satisfied Customers:

    890
    Licensed in Massachusetts and New York