In re Order of Motions heard.

I'm pro se, with a case in Virginia Circuit Court. My opponents have used stalling and procedural tactics throughout the development of the case. One of their primary tactics has been to refuse to appear for hearings, claiming unavailability, unless their favorite Judge is hearing motions.

Over the last three months, while they've refused to come to Court, 12 separate motions piled up. Now their favorite Judge is back, and all of a sudden they're shoving docket dates down my throat.

Without going into just how disadvantaged I am by having to deal with this particular Judge, a major issue I face is how my opponents appear to control the sequence in which this Judge addresses the various motions. And it matters a lot - this Judge tends to make up his mind very quickly and never change it. He's not exactly the most contemplative member of the bench.

Now, having stalled for three months, my opponents have filed a motion to dismiss, based on a technical error (misnomer of a defendant; correct parties served but a Lender, rather than the Trustee to a Deed of Trust for benefit of said Lender, named) in my complaint. I filed a motion to amend and correct the error three months ago, but they would never agree to appear to have it heard. Finally, I put it on the docket without their agreement, whereupon they docketed it for the next time that their favorite Judge was available. When I went to Court to have it heard on my date the sitting Judge that day basically said, "Well, they're coming in a few weeks, that will do" and wouldn't hear my arguments to amend and correct the error.

Now we're going back in front of the Judge that thinks any pro se is an automatic idiot, and they are filing a motion to dismiss based on my technical error. If he hears their motion to dismiss without ever hearing that I've been trying to fix it, it's dollars to doughnuts he makes up his mind to toss me out right then and there, and totally ignores any attempt I make to explain that I've been trying to amend and correct the (minor, easily remedied) mistake for months. But if I can make my argument first that I should be allowed to amend and fix it, then I might have a chance (statute of limitations hasn't passed, no one is prejudiced since all appropriate parties have real knowledge - as I mentioned, the correct PEOPLE were served). But last time we heard motions, opposing counsel just stood up and said, "I think we should hear X first," and the Judge said, "Why yes, let's do." And they then proceeded to give me a bloody nose.

I'm the Plaintiff, and my motion to amend was literally filed months before their motion to dismiss. Theirs was just filed last week. But I think it's damn near certain they are going to stand up and say, "Let's hear our motion to dismiss first," and the Judge will say, "Sure, that sounds great," before I get to say a word. And then he'll toss me out on my ear, as some sort of lesson in why no one should ever dare to appear in Court without a lawyer, regardless of the actual merits of the case.

What is supposed to really determine the order in which motions are heard, particularly when there is a huge logjam of stall tactics and procedural games going on?