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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I am pro se, involved in a civil litigation suit, with a

Customer Question

I am pro se, involved in a civil litigation suit, with a couple questions.
Submitted: 2 months ago.
Category: Estate Law
Expert:  Attorney2 replied 2 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 2 months ago.

Can you tell me your questions?

Customer: replied 2 months ago.
The court denied my motion, which contains exhibits (actual correspondence letters); are those exhibits still part of the record,
and can they be incorporated by reference into other arguments?
(The court in its denial did not state reasons for the denial of the motion.)
Expert:  Attorney2 replied 2 months ago.

What was the motion that you filed?

Customer: replied 2 months ago.
Motion to Reconsider, showing these exhibits as just cause.
Expert:  Attorney2 replied 2 months ago.

I am sorry that they denied your motion to reconsider. Knowing why a motion is denied is always helpful. So you are now in the position of appealing the decision. Can you tell me a little about the case and what the judgment was that the court rendered?

Customer: replied 2 months ago.
For the past 4 years, I've been involved in a suit of partition, brought by one of the siblings, naming me and the other sibling as defendants.
I wish to submit pre-litigation letters from (my then) attorney A to (plaintiff's) attorney B, and letters from atty B to atty A.
My atty A was never part of litigation. I became pro se when litigation ensued.
(No privilege is involved since these letters are communication between plaintiff's atty B and my then atty A.)
Atty A represented me in my capacity as executor, and not individually. This suit did not name me in my capacity as executor.
The letters in question have direct evidence to support my claim against atty B's allegations,
and directly prove that atty B's statement of the facts are clearly erroneous, because they are his own letters to my atty.
As executor, I am not a named party to this suit at this point.
However, I still want to submit these letters between the lawyers in my pleadings to show that atty B is misleading the court at best.
As I am the same person, and I have direct personal knowledge of these letters, how do I ensure that the court will accept these letters,
(no hearsay) without me having to file a motion of intervention by right, or motion to add ME (executor) as an indispensible party?
How do I explain, or use wording, and what rules of evidence, etc. to allow my motions and offers of proof/exhibits (letters) NOT to be denied?
(I have 12-15 letters of direct evidence.)
The court has been putting form over function, and denying my motions, etc. thus far.(I feel like I'm in an Abbot & Costello skit, with Who's On First)
Expert:  Attorney2 replied 2 months ago.

Yes, I was thinking "who's on First" as I was reading your response. So the motion was denied as you are not a party to the case. These matters can be very tricky. Partition actions are never easy in the best circumstances. I would recommend that you sit down with a local attorney. Many provide FREE consultations is the area. The court is not stacked in favor of a lay person and the Judge will not provide any direction.

Can you tell me where this matter is being litigated?

Customer: replied 2 months ago.
Basic question:
if I want to re-introduce those exhibits from a denied motion into new arguments,
do I include them under the same exhibit lettering/numbering as before, or do I re-letter them from scratch?
Expert:  Attorney2 replied 2 months ago.

You want to rework the this as a new motion to reconsider?

Customer: replied 2 months ago.
I'm talking in general terms, moving forward.
Are these exhibits on the record? Can I refer to them (as lettered, from denied motions) in future motions?
Or, new motion= same exhibit with new lettering? (ex: EXHIBIT C now is EXHIBIT D)
Expert:  Attorney2 replied 2 months ago.

I am going to opt out and have another attorney assist you as this beyond the general information I can provide. Thank you for using JA!

Expert:  Maverick replied 2 months ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Expert:  Maverick replied 2 months ago.

I think a phone call option may help with you on this. I have over 20 years of civil litigation experience including over 50 jury trials and appeals to the US Sup. Ct. The cost for that is $59.00. I will send you an offer of services to that effect. If you accept it then, please come back and type in your phone number so I can call you.

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