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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86700
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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letter to judge asking for a speedy hearing

Resolved Question:

letter to judge asking for a speedy hearing
Submitted: 10 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 10 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. A demand for a speedy trial would need to be made and a motion would have to be filed with the court. The Judge is sent a copy of the motion, so it is not a letter directly to the Judge. Moreover, the motion needs to be filed with the clerk of court and a copy sent to the prosecutor as well. Moreover, for this to be granted, you can not have requested any continuances in the past nor should there be any type of motions pending before the court, at this time. If this is just a matter of you being ready for trial and the State not being ready and asking for more time, you can certainly make the demand.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 10 months ago.

the case (civil) was first heard in 07-2012, 1 conference call, and 2 more hearings thereafter.
the case got sidetracked by other issues between the plaintiff and other defendants.
none of the other parties are affected by the case as our family, so none of them are in a hurray to be heard.
because of this issue and the hearing, our life has been put on hold, it has effected our health (interruption of medical treatment) and lose of income.
I have a Brother that i have not seen in over 23 years, he was diagnosed with cancer this month, he will be receiving treatment in Germany and I would like to be by his side during that time, unless this case is heard and resolved i will not be able to be with him.
I talked to the Judge's office about requesting a hearing and they told me to email a request stating the reason.


I was not looking for a legal opinion, what i need is some one to write me a letter to the judge. Thank you.

Expert:  Ely replied 10 months ago.
Hello,

Your previous expert has opted out and I have opted in.

I concur with the previous expert, but if you have received instructions from the Court to provide an email with a reason for a speedy trial (highly unusual to do it this way because normally, it would be via motion before the Judge), then this is what you wish to do, and I can be of help.

However - please note: we cannot "draft" any documents/forms/verbiage for customers. So my email would be an example, but not one that is to be directly used. Would this be acceptable?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.

I understand, I just want some help: addressing the Judge and in a letter (email) and requesting of hearing because of the reasons that i stated above. Thank you.

Expert:  Ely replied 10 months ago.
Sure.

To the Honorable Court:

I am writing today in regards XXXXX XXXXX Cause Number ___, before this Honorable Court. I am the Defendant in the case. I have been told by the clerk of the court to write an email illustrating my need and reasons for a speedy trial.

Aside from the speedy trial doctrine in Texas under Texas Code of Criminal Procedure Art. 32A.02 et seq, and overall in Barker v. Wingo, 407 U.S. 514 (1972), I hereby request a speedy trial based on the following reasons:

(list the reasons, briefly, via a bullet point-type method)

Therefore, I hereby request that this Honorable Court grant me a speedy trial date for the matter above, as my reasons for requesting it are just and would be in furtherance of justice and equity.

Sincerely,

Signature

Name


I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.

will the "speedy trial doctrine in Texas under Texas Code of Criminal Procedure Art. 32A.02 et seq, and overall in Barker v. Wingo, 407 U.S. 514 (1972)," apply to a civil case?


everything else looks fine.

Expert:  Ely replied 10 months ago.
Friend,

Ah, apologies! For some reason I thought this was a civil case. What court is this in: Justice of the Peace Court, or, County/District Court?
Customer: replied 10 months ago.

District.


you been patient, thank you.

Expert:  Ely replied 10 months ago.
Friend, it is you that has been patient, actually. Please see amended example below:

To the Honorable Court:

I am writing today in regards XXXXX XXXXX Cause Number ___, before this Honorable Court. I am the Defendant in the case. I have been told by the clerk of the court to write an email illustrating my need and reasons for a speedy trial.

Texas already has law for quick trials in civil court under Texas Rules of Civil Procedure 169, parts of Rules 47 and 190 as well as Texas Rule of Evidence 902. But as the clerk specified, I hereby request a speedy trial based on the following personal reasons as well:

(list the reasons, briefly, via a bullet point-type method)

Therefore, I hereby request that this Honorable Court grant me a speedy trial date for the matter above, as my reasons for requesting it are just and would be in furtherance of justice and equity.

Sincerely,

Signature

Name


Also, please see summary of rules for quick trial in civil court in Texas here. The term "speedy trial" applies almost always to criminal court, so it is somewhat misleading (hence my original answer).

Apologies for the original misunderstanding.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86700
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Criminal Law Specialists are ready to help you
Expert:  Ely replied 10 months ago.
Thank you for your gratuity.
Customer: replied 10 months ago.

In the future! how do i 'get' you in particular if i have other legal need?

Expert:  Ely replied 10 months ago.
You can always find me here - see the box to the left under my photo and summary.
Customer: replied 9 months ago.

Thanks we'll be having a conference call today to set up a time for a hearing.

Expert:  Ely replied 9 months ago.
Great; thanks for letting me know!
Customer: replied 6 months ago.

Ely,


I have another matter that i need your input, How do can i request to ask you directly not another expert?


Thank you.

Expert:  Ely replied 6 months ago.
Hello friend,

You can either simply request me here (see window under the avatar photo and simply state "This is for Ely" in the beginning of the question, OR, simply REPLY here and we will treat this as a new question.
Customer: replied 6 months ago.

Hello Ely,
Thank you for responding.
This case was filed over a year ago, My Attorney at the time filed a General Denial Response to the accusation with the Court.
Because of $, I no longer have an attorney to represent me, I now have some documents, Photos, court cases, legal opinions by Texas Attorney General and Texas Supreme Court that i intend to use in showing that I'm on the right and plaintiff is wrong.
The question is: Do i have to provide these documents to the plaintiff's Attorney and or the Judge before the hearing or can i just use them in my defense the day of the hearing as evidence or exhibits? The case is civil case.


Take your time,


Thank you.

Expert:  Ely replied 6 months ago.
Hello,

The question is: Do i have to provide these documents to the plaintiff's Attorney and or the Judge before the hearing or can i just use them in my defense the day of the hearing as evidence or exhibits? The case is civil case.

By "hearing" I assume the hearing that is final trial on the merits.

Any evidence that is to be used at trial (a) must be supplied to the other party if they ASK for it during discovery (i.e. "produce evidence you intend to use at trial" in a Request for Production), or, (b) the local rules of the court demand that any evidence that will be used it served unto the other party x days before trial.

Also, the Court itself may require a list of the evidence items some time before the trial, per local rules.

If unsure as to what the local rules say, reply with COUNTY this is and I can check.

Unless either of the two above are true, the evidence does not need to be shared prior to trial, per se.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 6 months ago.

County of Dimmit.


"(a) must be supplied to the other party if they ASK for it during discovery (i.e. "produce evidence you intend to use at trial" in a Request for Production),..."??


these documents were found just a week ago, the case started over a year ago and i don't know if we had "Discovery".


 

Customer: replied 6 months ago.

Sorry! the case started in Dimmit, now we are in Bexar County.


 

Expert:  Ely replied 6 months ago.
For Bexar local rules in District Court, see here.

I do not see anything requiring advanced notice of evidence list to other parties or the Court.

these documents were found just a week ago, the case started over a year ago...

okay.

... and i don't know if we had "Discovery".

If one was served with REQUEST FOR PRODUCTION or REQUEST FOR INTERROGATORIES in writing, normally via certified letter, then this is discovery. If not, then no.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 6 months ago.

We were never served any of that.


I guess we are on the clear and let's see their reaction.

Expert:  Ely replied 6 months ago.
If not, then there is arguably no mandate to provide this, then.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86700
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Criminal Law Specialists are ready to help you
Customer: replied 6 months ago.

Thank you as always.


This will require more questions in the future, I'll be contacting you again.

Expert:  Ely replied 6 months ago.
Okay!
Expert:  Ely replied 6 months ago.
Thank you for your gratuity (again).

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