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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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Although in motions I repetedly described the petitioners contempt,

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Although in motions I repetedly described the petitioners contempt, and materal misrepresentation in petitioners "answer" to my 1st complaint, may I or how do I ask for sanctions? wahat is the norm per sacnction for contept, false staments etc?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Thanks for requesting me.

I need to take a break. If you want someone else to assist, feel free to relist the question. Otherwise, I'll try to tackle this question a little later this evening.
Customer: replied 1 year ago.

take a break i need to go out too. I'll look for your reply later thx.

Expert:  socrateaser replied 1 year ago.

Okay, I'm back. You asked:


Although in motions I repeatedly described the petitioners contempt, and material misrepresentation in petitioners "answer" to my 1st complaint, may I or how do I ask for sanctions? what is the norm per sanction for contempt, false statements etc?

 

A: If you review the petition form instructions (12.960), it describes the various requests for relief. As for whatever you believe will remedy the problem. It's up to the court to decide if the relief requested is permissible.

Must I have drafted language specifying there were sanctions, in order to said be ruled upon during trial?

 

A: I get the feeling that you didn't use the prescribed form when you started your contempt action, or you wouldn't be asking these particular questions. Feel free to clarify my understanding, so that we're on the same page.


Mind you I have moved past my in court complaints, i have been examined/questioned and the petitioner's attorney questioned-examined his client. Am I allowed to cross examine the petitioner, in the next trial date set later?

 

A: You can examine the defendant, unless the judge intends to sentence the defendant to a punishment. If he/she does, then the defendant can refuse to testify, because of the 5th Amendment privilege against self-incrimination. The easy way to find out is to call the defendant as a witness, and see if there is an objection.

 

Hope this helps.

Customer: replied 1 year ago.

1. I am wondering if I can ask for sanctions ? What is a normal %age? 2. Am I correct petitioners attorney asked his client question, thus - I myself as moviant will be permiited to cross examine? 3. After the 1st days trial it a full days hearing, time expired at 4:30pm A week later the defendant- petitioners attorney requested & got the order for contunuance date but for only for 1 1/2 hour. Im moviant, i need more time , what do I write requesting necessary time to cross examine, show checks, legal expenses over past 2 years of this case, request sanctions, and get the 3 parts so ordered in my favor to be finally enforced & paid? As it is now trial is continued at

3 pm to 4:30 pm. This will only force a 3rd trial day, reset to three month after the upcomming 2nd trail date..

Expert:  socrateaser replied 1 year ago.

1. I am wondering if I can ask for sanctions?

A: If you review the petition form instructions (12.960, at Section 4), it describes the various types of relief available.

What is a normal damage?

A: There is no "normal." There is whatever is necessary to remedy the contempt. Ask for what you want.

2. Am I correct petitioners attorney asked his client question, thus - I myself as movant will be permitted to cross examine?

A: If this is a motion for enforcement/contempt, then yes, you are permitted to cross examine the witness.

3. After the 1st days trial it a full days hearing, time expired at 4:30pm A week later the defendant- petitioners attorney requested & got the order for continuance date but for only for 1 1/2 hour. I'm movant, i need more time , what do I write requesting necessary time to cross examine, show checks, legal expenses over past 2 years of this case, request sanctions, and get the 3 parts so ordered in my favor to be finally enforced & paid? As it is now trial is continued at 3 pm to 4:30 pm. This will only force a 3rd trial day, reset to three month after the upcoming 2nd trail date.

 

A: You just commence your case and if you run out of time, then the court will have to continue the matter for another day.

 

Hope this helps.

Customer: replied 1 year ago.

per 2. How might myself the moviant -pro se cross examine myself, since this has not occurred either?


 


per # XXXXX A. defendant's attorney materialy somehow got the court to accept, then the CT. order a specifc date for this trails contiunaunce. But as the moviant I did not.yet draft a request referral from the court for magistrate to reconvene for the 2nd day of trial. Will you elaborate how merely 1 & 1/2 hour was aloted? This .hardly enough time to perform. Do I write explaining what the 2nd day will entail? Is it not the moviants place to request a referral for the 2nd day's trail & not the defendant'council's place for this ? I ak since one FL rule reasons a magiatrate is appointed to speed up the case. We are at 2 years now with 45 minutewes provied every 4 months gaps , and now a 3 month gap between the 1st days trial and a 2nd day of trial. is this unusual?

Expert:  socrateaser replied 1 year ago.

per 2. How might myself the moviant -pro se cross examine myself, since this has not occurred either?

 

A: You can only testify in the "narrative," which means that you simply tell the court whatever you want to tell -- because that's all that's allowed.


per # XXXXX A. defendant's attorney materially somehow got the court to accept, then the CT. order a specific date for this trails continence. But as the moviant I did not.yet draft a request referral from the court for magistrate to reconvene for the 2nd day of trial. Will you elaborate how merely 1 & 1/2 hour was alloted?


A: The judge sets his/her calendar, based on what he/she believes ought to be required to testify, given the judge's past experience.


This .hardly enough time to perform. Do I write explaining what the 2nd day will entail?


A: The court won't grant you additional time. You'll just have to testify and if it takes longer, then the judge will realize that he/she miscalculated, and he/she will have to continue the matter for an additional day.


Is it not the movants place to request a referral for the 2nd day's trail & not the defendant's counsel place for this?


A: Not necessarily. As a self represented litigant, you're not expected to know how long it will take to present your case.


I ask since one FL rule reasons a magistrate is appointed to speed up the case. We are at 2 years now with 45 minutes provided every 4 months gaps, and now a 3 month gap between the 1st days trial and a 2nd day of trial. is this unusual?

 

A: In a busy jurisdiction, it's not unusual at all.

 

Hope this helps.

Customer: replied 1 year ago.

A: Not necessarily. As a self represented litigant, you're not expected to know how long it will take to present your case.

 

* may I ask the Judge take over now after 2 years, or is this unusual? The magistrate admits cant decide to rule per the prior agreements court ordered yersa ago.

 

**I am going to write asking for more than an hour, utilizing my motions demands per the 12.960 form, in that said was filed Oct. 2011. Does this make sense?

 

Keeping in mind I can't request a reconsidertion per Magistrates Is it unusual to reconsider a days trial before a magistrate ?

Expert:  socrateaser replied 1 year ago.

* may I ask the Judge take over now after 2 years, or is this unusual? The magistrate admits cant decide to rule per the prior agreements court ordered years ago.

 

A: I think that the magistrate will simply take the evidence and then summarize the issues for the judge to decide. You can ask the judge to preside over the hearing if you wish.

**I am going to write asking for more than an hour, utilizing my motions demands per the 12.960 form, in that said was filed Oct. 2011. Does this make sense?

 

A: yes.

Keeping in mind I can't request a reconsideration per Magistrates Is it unusual to reconsider a days trial before a magistrate ?

 

A: I don't think you will get the magistrate to add time, but you have nothing to lose by asking.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33377
Experience: Retired (mostly)
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