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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28499
Experience:  Attorney with experience in family law.
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Ii am representing myself in a civil case. the opposing continues to ignore discovery , co

Customer Question

ii am representing myself in a civil case. the opposing continues to ignore discovery , communicate ex parte with the judge etc. I am quite sue i will loose this case. What type of record can I preserve to be sure i have a chance to win this on appeal. i have tried to get the judge to rule on my motions and proposed orders but the judge ignores me i need to preserve the record to show this case has been unjust. Will a "judicial notice" make it to the appeal judges if i "notice" the court of the wrong doings?
I have filed a few of these, with the hop that when i appeal, this record will be submitted to the appeal judges to review. Any ideas?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
The plaintiff is an actual newspaper publisher who I hired and paid 10,000.00. This owner, publisher of this paper published a false 3 page article about me that has destroyed my life. He accused me of crimes, and all sorts of lies. I filed a complaint against him with the DOJ and the BBB, and made public a recorded conversation I had of him threatening me. the conversation I made public is at first positive and you hear him telling me what i want to hear. complimenting me and all sorts of nice statements, this is why i paid him 10,000.00. once he got the 10,000.00, he turned on me and took the evidence i gave him, to the people he was hired to expose. he ended up selling me out . when i filed a complaint against him, he then claimed that i am a anti gov dangerous terrorist and this is why i was dropped from my contract.
Expert:  Lucy, Esq. replied 1 year ago.
Hi, My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation. Judicial notice is when the judge takes note of a fact that's so widely established that it wouldn't would take up an unreasonable amount of time to bring in experts to testify about it. So, he could take judicial notice that Earth is the third planet from the sun, because there's no logical reason to bring in scientists to court to prove that. It is unfortunately not the appropriate instrument to document a judge's misconduct. If you're filing motions that are getting no response whatsoever, the docket will show that. The Appeals Court will see the docket and be able to review it. They'll see motions you filed that were not responded to. With that said, a better course of action may be to try to see if you can avoid losing the case due to the judge's behavior. The charges that you're making against the other party can include punitive damages. It may help to bring in a local attorney to assist you in seeking to recuse the judge, filing Motions to Compel Discovery, and creating a record for appeal for you. This is the kind of thing that's really fact specific, so it's hard to say "Do X, Y, and Z" without standing in court next to you. The one thing that you CAN do, though, which is so important, is make sure there will be a transcript of the trial. If necessary, pay for a court reporter yourself. That way, every time the judge ignores a request, makes an inappropriate ruling, excludes evidence, or overrules an objection improperly, you have a record of it. Also review the rules regarding Offers of Proof - if a judge rules some of your evidence inadmissible, you have the ability to ask to state for the record what you expected the evidence to show, which can be used on appeal. If you have any questions or concerns about what I've written, please reply without rating so I may address them. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively to redirect a portion of the payment you have already made so I am paid for the time I spend answering questions. There is no charge for follow-up questions. Thank you.

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