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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Good day This is part of the conclusion of my brief that I

Customer Question

Good day
This is part of the conclusion of my brief that I can put in here, Do you think it is okay?
The Superior Court’s decision not to remand the case back to Fact finder because it believes that the Fact Finder considered the issues on defendant’s counterclaim is erroneous. It is not legally and logically correct. Therefore the decision of the Superior Court should be reversed so that the defendant could have a proper trial that she is justifiably entitled.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Good day to you and welcome back.

As far as a conclusion, yes that is a reasonable sentence to include in your conclusion. You should also add that the factfinder's failure to consider the issues and the Superior Court's denial of your opportunity to present those issues would be a denial of your due process rights as it denied you an opportunity to have any meaningful due process to present your claims.


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Customer: replied 2 years ago.

this is the full conclusion, I could not put everything on the other time


As the defendant discussed in this reply brief and the brief previously filed. The Court erred in these respects (1) not Considering that the defendant did not have her right to testify, bring evidence and witnesses for her counterclaim during trial according to practice book section 10-54 (2) Not considering the effect of the Fact Finder failing to notify the defendant’s counsel of the validity of the defendant’s counterclaim after the trial as he promised so that he could at least argue it in the brief (3) not considering the effect of Fact Finder refusing to extend the time for the defendant’s counsel to put in his argument in a closing brief (4) The court did not consider the effect of the Fact Finder’s error on the contradictions of his Findings (5) Believing the issues not on Fact Finder’s report are not relevant (6) prejudging the defendant’s case. (7) Depriving defendant of meaningful due process. The defendant’s right to due process has been violated because Superior Court affirmed judgment that was pasted against her without the due process of hearing her counterclaim and briefing her issues. The Superior Court’s decision not to remand the case back because it believes that the Fact Finder considered the issues on defendant’s counterclaim is erroneous. It is not legally and logically correct. Therefore the decision of the Superior Court should be reversed so that the defendant could have a proper trial that she is justifiably entitled.


Expert:  Law Educator, Esq. replied 2 years ago.
It is not legally and logically correct. Therefore the decision of the Superior Court should be reversed so that the defendant could have a proper trial that she is justifiably entitled...

You should put, "It is not legally and logically correct as it has denied the defendant of her meaningful right to due process as guaranteed by the US Constitution. The required elements of due process are those that "minimize substantively unfair or mistaken deprivations" by enabling persons to contest the basis upon which a State proposes to deprive them of protected interests. See: Fuentes v. Shevin, 407 U.S. 67, 81 (1972). The Court has stress the importance of the ability to defend one's position even if that defense might not change the outcome. See: Carey v. Piphus, 435 U.S. 247, 266-67 (1978); Marshall v. Jerrico, Inc., 446 U.S. 238, 242 (1980); Nelson v. Adams,***** 1579 (2000).
Customer: replied 2 years ago.

Can I use those citations, are they from supreme court or Connecticut court?

Expert:  Law Educator, Esq. replied 2 years ago.
The citations are from the US Supreme Court so you can use them.
Customer: replied 2 years ago.

Can I add all of that to the conclusion I already wrote, will it not be too long?

Expert:  Law Educator, Esq. replied 2 years ago.
Yes, you can add it to the conclusions as long as you have no page limit that it would put you over the limit on.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for your help. I really appreciate it.

Customer: replied 2 years ago.

Good day ,

In my appeal issue where I said that the superior court use the fact finder's contradicting report to decide the case. Is it okay that I said it is erroneous, Factually and legally incorrect? and can I use a citation for right to due process on it?

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your response. Yes, you can say it is erroneous and incorrect, that is what you are arguing in your appeal. Yes, you can use the citation you were given.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Good morning and thank you for your help all these months with my appeal and other legal questions.
Today, I have a new question. I have some health problem. For the past few months I sometimes feel empty headed, fainting, and very sleepy. Around January when I was driving, I suddenly started having these symptoms and I pulled out of the road quickly and called 911. I was taken in an ambulance to the hospital. I slept from where I was taken to the hospital and slept for hours in the hospital before I was okay. In March, I experience the same thing when I was driving and I quickly pulled out of the road also. But this was close to my house which has many trees and very narrow road. as I got out of the road, I was very dizzy the car rolled and stop right in front of a tree touching the tree. I called 911 and I was taken by ambulance to the hospital and I slept for hours like the other time and I was fine when I woke up. The next day, a police man and another man with a plain clothes came to my house and gave me a ticket. When I read the ticket it said that I was adjusting my seat and lost control of my car. I went to the police station and spoke with the police that wrote the report. He said he was not there at the scene that the police that was there gave him the information he wrote on the report. he gave me the number of the person to speak with, that he can not remove any information on a report. When I spoke with the person she said the police at the scene said he was not told that I was dizzy or why I got out of the road. She said the information on the report stays. I am going to the court because I pleaded not guilty. I really don't care about the amount on the ticket, I can give many that amount without problem as I always love to donate to the police and I am not reporting anything to the insurance because there was no damage to the car or injury to me. I have a problem with a police just writing what he did not see and what he was not told. That could have been a more serious issue that could impact someone's life and not a Little over a hundred dollars ticket. Also I have to have the right information for the doctors to access my health situation. I told the first lady at the scene that I was dizzy and told the ambulance people and everybody in the hospital that I was dizzy and fainting. I even remember telling the 911 operator that I was dizzy or fainting. It is what was written on the hospital record.

My question is what should be my argument in this situation? I have the hospital record and document to prove that the dent in front of my car was from previous accident.

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your new question.

If the police have written a false police report and cannot justify where the information they received came from, you need to first discuss the issue with their watch or shift commander and present them the evidence you have from the hospital showing what happened. Second, if the watch commander or shift commander does not cause a supplemental police report to be written (which is all they can do, they cannot change the original report as it is a public record once filed) with the new information regarding the incident, then your next step is to the station commander and finally to the chief of police.

In order for them to refuse to write a supplemental report correcting the matter, they will have to prove the information you are providing for the supplemental report is not accurate, which I do not see how they could do in this case where you have hospital records.

If they continue to refuse to write a supplemental report to correct the original report, then you can seek to sue them for defamation and filing false reports, since them writing a report without an eye witness and proper investigation is grossly negligent on their part and having allegations such as this against you on the public record damages your reputation as well and you can get a court to order them to fix the record as part of your judgment.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Good day,

I have a court day coming in few day for the traffic ticket I got due to the wrong police report which I wrote to you about earlier. My question is what should be my appropriate defense and is it proper and legal for me to file a counter suit against the police for court to make them to write a supplemental report on the incident.

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your update and new question.

Your recourse would not be suing the police I am afraid, your recourse is when you go to court you would have to present your evidence to the court that the police report was incorrect and as part of that case you would then ask the court for them to order the report corrected based on your proof that the report was incorrect. The court in your case, if they find you proved the report was incorrect will issue an order as part of their decision to the police department to correct the matter by supplemental police report.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Good day,
this case with the incorrect police report was nullified. Do I still have to take any action for the police to correct the wrong report? Or I should just forget about it.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update.

If the case was dismissed, then you can choose to drop it. However, if there are any open insurance claims still going on with this matter, you need to consider still pursuing it through at least the police command to seek to have a supplemental report written to correct the errors.
Customer: replied 1 year ago.

There is no insurance claims going on on the matter. will not correcting the report have any negative effect on my driving record?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

No it would not if the case was dismissed against you.
Customer: replied 1 year ago.

Thank you very much for your help. I really appreciate it.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Good day,

I have my appeal argument coming up in few days. I just caught a deadly bacteria with my PD dialysis treatment. It is the most painful thing to experience. I can not sit or stand. The doctor said it is a hard to kill bacteria, that I am going to be down for at least three weeks. I am going to be having antibiotics flood in my stomach everyday and take antibiotics tablet too for two week. Is it possible to get appeal argument moved for good cause? because my doctor said I am not going to be able to do anything for at least three weeks. What can I do, what motion should I file?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update and your reply.

I am sorry to hear that this is happing to you. You must file a motion for continuance and you need to explain the nature of the emergency and attach a report from the doctor proving your medical condition and you must file it as soon as possible with the court. Also once you file, call the judge's clerk to let them know it was filed and ask them to get back with you as it is an emergency.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I am trying to appeal the appellate Court decision in the supreme Court and I have been sick. I just got kidney transplant in University of Pennsylvania hospital. They want me to be in Pennsylvania for three weeks for testing and monitoring and treatment in case of rejection and tomorrow is the deadline which is 20 day to file to supreme Court in Connecticut were Iive. What should I do/.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. You need to call the court and that is all you can do if you filed your motion to extend and you have not received an answer. If they do not answer the phone, all you can do is then get yourself an attorney to file while you are laid up in the hospital and attach your proof of filing the motion to extend and just argue that your health condition physically precluded you from filing the appeal, which is actually good cause to extend an appeal deadline.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Good day,
The plaintiff filed motions in the Superior Court for Appellate Attorney fee, and for interest. The Superior Court fixed hearing for May 5th. The problem is that I will still be here in Philadelphia taking treatment for my transplanted kidney. I believe I can not file motion for stay because I have not file my petition to the Supreme Court yet and I do not know the status of my motion for extension of time to file motion for reconsideration to the appelate Court.
My question is what should I do in regards ***** ***** motions the plaintiff filed. Should I file motion for continual or what motion should I file?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

You need to consider filing a motion for continuance of this new motion hearing based on your medical condition and attach an affidavit from your doctor that you are not medically able to travel at this time to make the hearing. You would also state in your motion that a motion for reconsideration is still pending in the appeals court. You need to get that filed as soon as possible.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Good day,
There are evidences that the plaintiff's attorney was the one who help him to fabricate invoices he brought to Court in my case. He wrote preparing invoices in his bill to me because I am supposed to pay his bill if the plaintiff wins. The plaintiff also said it in court that he did not know why the invoices are not in order, dates for work he claimed was done in August, January and February, have December dates, overlapping, double billing, some pages missing ETC. He also said to ask his attorney who provided them. His attorney was not there when the services was rendered. And his Attorney has continuously lie in court about things that happened in court and about the case, just to mislead the court. He told the superior Court that my counterclaim does not exist, also that fact finder did not make the promise to remind my attorney of the validity of my counterclaim, even though he was part of the discussion. when my lawyer read from the transcript that it exist and that he made the promise, he then brought out my counterclaim and said the content was heard. There have been more misleading untrue statement made by him in this case. My lawyer never said anything untrue in court. I want to sue him for misconduct. I know he violates Connecticut Code of Conduct. I want to know how you think I should go about this.
2. Also Want to sue for my counterclaim that I filled in 2009 that the fact Finder did not hear and did not let me or my attorney know the validity as he promise he will let my attorney know because he was't sure if I properly filled it, that was because it was filled when I was a Pro Se. We knew that it was valid when he gave judgement to the plaintiff on the counterclaim . while my attorney was waiting for his ruling, he sent a request for him to notify him of the ruling and extend the time for filling the brief until he knows the ruling and what to do. The fact finder refused and said he had nothing to tell him, and the time he got back to my Attorney, the time to file brief was over. So the Counterclaim was not brought up in court, was not heard and was not argued on brief. When I objected to the fact finder finding, the Superior court said that since my counterclaim was similar to the self defense the Fact Finder considered it. The appellate court agreed. How could he have considered a counter claim it's validity was .not known to me and my attorney and was not argued. Also all the fact finders report are contrary to the evidences and testimonies in court and the superior and appellate court do not want to look past the report to what actually happened in court.
My question is I want to sue the plaintiff to come to court and defend the allegations on the counterclaim he never defended, was no stricken or objected against, tomorrow is making two years since the superior court decision on the case, but the actual issues happened in 2008. How possible is this and how should I go about these complaint I want to file, and should I file them individually or together.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

1) You need to make a complaint to the state bar against him if he engaged in inappropriate conduct. Also, you need to file a motion for sanctions in the court where this took place and prove he fabricated the fees he submitted to the court and ask the court to sanction him. If the court does not do so, you would have to try to sue both the attorney and plaintiff for malicious prosecution, but you need to go through the sanction route first and discuss that with your attorney.

2) If the appellate court has ruled or the state supreme court has ruled on that 2009 issue, the case is over and you cannot file it again, it is considered res judicata.
Customer: replied 1 year ago.
Thank you very much,
Right now I do not have attorney any more, I represent myself because I have a lot of Attorney fees that I am paying right now. However, I am concerned that there will be status of limitation as it will be two years tomorrow since the Superior court judgement. I believe two years is what I have to sue. Is there any way I can sue without going through sanction first? I was going to file the complaint tomorrow.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If the statute of limitations ends tomorrow you have no choice but to file suit tomorrow and stop that from running. Thus, you have no choice but to skip the sanctions and file your suit.
Customer: replied 1 year ago.
Good day,
Thank you very much, I was thinking so, but it feels great to accurately know the right thing to do. Could you please advice me if (1) I should file a separate suit for the lawyer and the plaintiff or sue them together. If the law permits, I will like to sue them separately. (2) how many counts will be required and what will be the counts for the situation I explained (3) as for damages I will like to ask for monetary damages for the expenses and Attorney fees this has cost me for the past five years that I have been fighting against this injustice and for it to be paid to any organization for abuse women and also that I should not pay the plaintiff fraudulent bill and his attorney's fees.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You should file one suit if all of the facts and circumstances of the case are the same. You only need one count for each to sue, but it sounds so far that you are claiming negligence and fraud at the very least against all of the parties.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much in regard to your last answer, I was thinking of suing the Lawyer of violating the Connecticut code of conduct that says a lawyer should not assist it's client to conduct an illegal act. And the one that says a Lawyer should not lie to mislead the court, also for Fraud. Then since I have Fraud in my Counterclaim, though it was not heard and Appellate already made decision on it and I already filed petition to Supreme Court, I don't like you said I cannot sue the plaintiff for that. Also the incident happened in 2008 even though we are still in Court. So, I am thinking of suing the plaintiff for malicious prosecution like you said yesterday. What do you think. In court the Words fraud, deceit, pain and suffering was never mentioned and those were some of my counts on my counterclaim. It is so unfair that it was not heard and I can not sue for them again.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your response.

Based off of all of this I would say that the court will claim all of your claims are already decided (res judicata), with the exception of the malicious prosecution and the fraudulent billing would be your causes of action. You can file a complaint to the state bar about the fraudulent billing and conduct of the attorney with his client, but you are going to likely be outside of the statute of limitations for any actual malpractice claims.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thanks again for your help, Do you mean that I can not sue him for his lies on issues that happened in other courts just to mislead the court? there are evidences of them and for violating the rules that says a lawyer should not help his client in fraudulent act? He helped his client to create the invoices his client brought to court. And his client said it in court that he could not tell why the invoices are all missed up that his lawyer who furnished them should be asked
I just want to know if I have a case with the lawyer because as for the plaintiff, I already filled a petition to the Connecticut Supreme Court. Though if there is still a way for me to file a lawsuit against him since they refused to hear my counterclaim, I will do it.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Some of this is something that needed to be raised on your appeal, such as the issues with the evidence, and it is not something you can sue over now. The attorney's billing if that just happened, then that you can sue over. The malicious prosecution if you have proof they presented fraudulent information to the courts, then that could be brought too. However, there is a 2 year statute of limitations on malpractice and you may have waited too long for that claim.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much, you are the best.
So, for malicious prosecution I can bring up everything that happened in other courts, and there is no status of limitation on what to bring up?
when writing the complaint do I write the whole history of the case?
And can I bring in deceit, lies,
fraud, pain and suffering, violation of unfair trade practice act under the malicious prosecution for the bases for saying They maliciously prosecuted me when the plaintiff was the one who did these things to me.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

As long as the case is still ongoing and has not been completed yet, you can bring everything that happened in the case. However, you have only 2 years from the end of the case to file this. If you were not successful in the case, then it becomes even more difficult because in your malicious prosecution case you have to prove the fraud was the reason you lost the case and all of your appeals.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you , I do not understand, does it become difficult if I am not successful or if I am successful In the case? Now that I am waiting for the reply for my certification does that mean that the case is still on going?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If you lose the case, then the court is going to consider that the case against you was a valid case, so you cannot prove malicious prosecution without proving the fraud and proving fraud requires clear and convincing evidence, which is difficult.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
About my earlier questions,
when writing the complaint do I write the whole history of the case?
can I bring in deceit, lies, Fraud pain and suffering, violation of unfair trade practice act under the malicious prosecution for the bases for saying They maliciously prosecuted me when the plaintiff was the one who did these things to me.
I actually have enough to prove fraud, and if I can get a a jury trial or someone who is not bias it will be seen easily.
I am sorry I did not get answer to these earlier. I ask many questions when I am busy working on issues, sometimes I don't come back for months when I am not working on something, so I am sorry for asking many questions.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You write a brief history of the case, hitting all of the major issues and not all the small details. You can bring in the fraud and deceit on major issues that impacted the decision, not minor things, the brief could go on forever if you do not focus on just the major issues.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Sorry I am back one more time.
When including both of them in the Lawsuit do I have to say the name of who did this and who did that? and do I have to write my name versus both of their names?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Yes, you have to specify who did what.

It would be Jane/John Doe, Plaintiff v. ***** ***** and ***** *****, Defendants.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Good day,
1. I fax an incomplete complaint to the court yesterday, what should I do to be permitted to complete it?
2 .Another thing is that I did not put information of the defendants on it will they return it.
3. The fax went through a little after 5 PM does it count for yesterday because they close at 5.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am afraid if it was received after close of business and it was not a properly completed complaint, it would not be a proper complaint and it would not be in time.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 10 months ago.
Good day,
I am back, it has been about two months since my last question.
I wrote a petition for certification to the state Supreme Court from my sick bed and realized there were many errors later. So I wrote a motion to be permitted to correct the petition. I waited for a long time and did not get anything. I got responses this last Friday and the petition was denied and the response to the motion to correct was granted the same day. What do you think I should do?
Thanks for your help.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your new question and coming back.

So they denied your petition, but said you could file an amended petition the same day? Just to be clear.
Customer: replied 10 months ago.
I got the letters the same day, it shows that the decisions were made the same day. One stated that my petition is denied and two saying my two motions I wrote to correct the petition were granted., so it is confusing.
Expert:  Law Educator, Esq. replied 10 months ago.
So based on the letter saying your motion to correct your petition was granted, you should file your amended petition again and attach that letter asking the court to consider your amended petition. That would be the proper reply.
Customer: replied 10 months ago.
Don't I have to file a motion first to the court pointing this out and asking for clarification? I am concerned about time. If filling amendment is not what it is, then it will affect my time to file to the US Supreme Court .
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

If they sent you the two conflicting letters, you need to check with the clerk at the court and find out why they sent both letters, because it is more likely than not it was they denied your petition based on what you submitted but are going to give you the opportunity to amend.

You check with the clerk first and then submit the motion for clarification if necessary.
Customer: replied 10 months ago.
Thank you very much.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you. Please do not forget to leave positive feedback if you have not done so already.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 99786
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 10 months ago.
I took your advice and called the clerk, he told me that the denial was the final decision that the court is not asking me to correct the error. When I asked why they approved my motions to correct errors the same day they made decision on the petition they granted me permission to correct. He said that was the court's decision and not his. I asked if I can write a motion to find out from the court, he said no that there was no provision for that in Connecticut practice book. I was thinking of putting in the motion anyway, why I prepare for the US Supreme Court. What do you think I should do at this point.
I am looking for an affordable lawyer that can help me with the US Supreme Court I don't know if you can recommend any one for me. If yes let me know, aliajone20@yahoo. Justanswer should add the program of referrer, LOL I am just thinking it will be a great business, give us great answers and direct us in areas that we need direction and we pay for it. I will pay for it.
Thanks for your help
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

If the court granted you the motion to amend I would file your amended appeal anyhow and attach a copy of the order granting that motion.

As far as an "affordable" lawyer licensed before the US Supreme court, you would have to contact the state bar on that because there are limited affordable or pro bono attorneys who can practice before the US Supreme Court.

We have actually asked them to institute a referral program so we could compile a list of such attorneys, they claim they are working on it.
Customer: replied 10 months ago.

My concern is that what if I waste time writing the amendment and the Court agreed with what the Clerk said. Then I must have wasted valuable time on it. Do Lawyers have to register with US supreme court to be able to take a case there? and do the US supreme Court not accept pro Se?

Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your reply.

Yes, lawyers have to be registered to practice before the US Supreme Court. The Supreme Court will take a pro se appeal, but it is hard for attorneys with experience to get a case heard by the Supreme Court, so imagine how hard it is to have a pro se case heard by the Supreme Court.

I understand you not wanting to waste time, but you have two conflicting orders too and the clerk has not explained the second conflicting order adequately that granted you the right to amend. So you file you amended brief with a motion to reconsider based on citing the order allowing you leave to amend.

Customer: replied 10 months ago.

You are so wonderful, your answer makes a lot of sense, that was exactly what I felt and what is correct, after being in this case for six years, I now know that the Court is permitted to do whatever they want and if they tell me they already made decision and no amendment permited, there will be nothing I can do if I already miss the chance to try to get justice from US Supreme Court. I am writing a motion of clarification to be submitted today, should I then write a motion for reconsideration also, stating the conflicting decision as one of my reasons for them to reconsider the petition. At least that will hold my time to go to Supreme Court and give me clarification on the decisions.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Yes, you file your motion for reconsideration and attach the copy of their order granting you the leave to amend your brief, and file your new brief with that motion.

By filing your motion to reconsider, you are delaying your time to appeal that denial to the Supreme Court if you choose.
Customer: replied 10 months ago.

I have not corrected the errors yet because I did not know if it was going to be permitted. So I don't have that to send now with the motion of reconsideration. So can I just send the motions for clarification under section 60-1 of Connecticut practice book and a motion for extension of time to file a motion of reconsideration? Then I will put in the motion for reconsideration with the corrected petition next week.It is ten days today since the Court made the decision, it will be too late next week if I don't extend the time and put my concern in today.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Yes, you do need to send it attached to the motion for reconsideration when you file the reconsideration, because your previous was denied and simultaneously they granted you leave to amend, so you need to show them the amendment.

You could alternatively send the motion for clarification and for extension of time for reconsideration. But yes, when the reconsideration is filed you need to file the amended brief with it.
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Customer: replied 9 months ago.
Good day,
I forgot to tell you this during my last questions on the Connecticut Supreme Court' conflicting decisions. The decision on the petition that was sent to me also stated that I, the self represented party is in support of the petition. But the fact is I am the one who filed the petition. Does this mean that the court was mistaken that the plaintiff filed the petition or what? What do you think about this?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.

Yes, it means the court appears to be mistaken on who filed the petition and you need to raise that as one of your issues to the court when you file again.
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Customer: replied 9 months ago.
Good day,
When I write my motion for reconsideration and correct my petition for certification, should I bring in the fact finder and the Superior court court judgement more or concentrate on the Appellate Court's decision and is it correct for me to say that appellate court deprived me of my right to due process for affirming the superior court's decision that deprived me of the right to due process?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your new question.

You should bring in the fact finder and the superior court's judgment and argue how they were in error. The appellate court would be mentioned only in that they ignored the errors of the lower court.
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Customer: replied 8 months ago.
Good evening,
I forgot to ask you this, do I have to use only Supreme Court citation on the petition and the motion for reconsideration to the Connecticut state Supreme Court? You gave me few citations last year thank you, ***** ***** going to use them now but I discovered that it is on cases of substantial due process and not on procedural due process which is my right that was violated. Does it matter, Can I still use them. If not can you help with a couple for me to add to what I have on the unjust, unfair way my counterclaim was left out of the case and never given opportunity to be head which was procedurally prejudicial and therefore go against my right to due process that says that no part of a case should be left out without going through the due process of giving notice so that I can comment on the action or file a motion against it.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

You have to use only CT or federal court case citations, as long as they are from either of those courts it does not matter if it is from the Supreme Court or not. You really have to argue the substantive due process here as procedural due process is very limited and very hard to prove. See: http://law.justia.com/constitution/us/amendment-14/37-due-process.html
Customer: replied 8 months ago.

Thank you very much. I read through the link you sent, In fact I have read that before.. Do you advice that I still use the citation you gave with the ones I have? Do I have to specify whether I am arguing substantive due process or procedural due process. Do you know of any one that can read through my motion for some amendment for payment before tomorrow? If you do please give the person my email. aliajones20 @yahoo.com

Customer: replied 8 months ago.

What constitutional right or law does the Fact Finder’s giving Findings and Conclusions that are contrary to the evidence, factual and legal findings in court without violate.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

You argue due process as a whole in general and do not have to specify whether it is substantive or procedural due process.

There is no constitutional right or law about facts being found contrary to evidence, it is an abuse of discretion as it is the fact finder's discretion to decide the facts.
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Customer: replied 8 months ago.

When the superior Court and the appellate gave accepted his contradicting judgement without any ----------evidences. what is the name of that evidence again, I wrote it somewhere I am so pressed with time now that there is no time to look for it. I know that is a violation of of the right to due process. I saw it when I was ready supreme court cases..

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

I think you are saying there was no supporting evidence for the judgment, but that is based on an abuse of discretion of the court for not making a ruling based on the supporting evidence.
Customer: replied 8 months ago.

Can that be argued to the supreme Court? I thought only Federal issues can be argued to the supreme court, is that federal issue?

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

Before you can get to the US supreme court or any federal court you have to get through your state court and state supreme court. Then if your state supreme court denies you and there are federal issues you can go through the federal courts to the appeals court and to the US Supreme Court if necessary.

At this point your due process is the only federal issue.
Customer: replied 8 months ago.

substantial evidence is what I was trying to remember, it says

Due process clauses is essentially a guarantee of basic fairness. Fairness can, in various cases, have many components: notice, an opportunity to be heard at a meaningful time in a meaningful way, a decision supported by substantial evidence. There is enough evidences that the decision in myu case was made with no substantial evidences

Expert:  Law Educator, Esq. replied 8 months ago.
That is what you have to raise as part of your due process argument. You should be arguing due process based on the decision not being made with substantial or significant evidence.
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Customer: replied 7 months ago.
Happy New Year to you.
The decision on my motion for reconsideration that I sent to the Connecticut Supreme Court is out and it is denied. I know you mentioned Going through Federal Court, the appeal before the US Supreme Court. What is the first step to the federal court?
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
I am sorry to hear they denied your reconsideration. Your next step would have to be going through the US District Court to argue the denial of your rights of due process and you not being allowed to have a meaningful opportunity to present your case. I am not going to lie to you though, at this point appealing through the federal system is going to be hard and it is going to require you to convince them that the court denied your right to due process which is a constitutional right to try to get them to order it back to the CT State Courts. Chances of success on these appeals are very low and most are denied, so be aware of that.
Customer: replied 7 months ago.

Thank you very much, I am already aware of that fact. There is no harm in trying. I have gone through the most difficult part which was getting to know about Law which I knew nothing about. what is the first step I should take in going about this. where is the best place to get information online.

I Had a bottle of wine for you for the holiday, since there was no way of getting it to you, I will be giving $30 for you to help me get a bottle of wine for you, just to say thank you and happy new year.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
I am going to give you a link to a pro se litigant's guide, it has links on the page for a bunch of documents that will help get you going. It is from the US District Court of MA, but all US courts are the same and it is the best one out there. See: http://www.mad.uscourts.gov/general/prose-litigants.htm
I very much appreciate the offer of wine. That is so not expected or necessary.
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Customer: replied 6 months ago.
Good day,
The plaintiff's Attorney has again filled motion to the Superior Court for interest, appellate attorney's fees, post judgement interest and others. Since I have not filed anything that is pending right now how should I respond?
Also the plaintiff closed his business, I am not sure yet if he filled for bankruptcy, how will this affect my case?.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for you reply.
You need to file an objection to the motion for the fees.
If the plaintiff is bankrupt then you can file as a creditor in the bankruptcy court case and argue that you are entitled to money, but it would end your civil suits as bankruptcy ends all civil actions.
Customer: replied 6 months ago.
What will be my argument or reason for objecting. As I have not filled to the USA Court yet?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Your objection is that the plaintiff is liable for their own attorney's fees and/or that the fees are excessive or whatever you can claim to try to get the court to at least review what they are asking for and reduce it. Also, you would ask the court to stay any such award based on you filing your federal suit.
Customer: replied 6 months ago.
I know I raised this concern before that I was worried that if I filed the reconsideration and correct the petition as they granted, it will take me pass 3 months to file the federal suit. I am still not sure if they are going to look at the denial of the petition From October 22 that they first denied it or from January 21 that they denied the motion for reconsideration. (You recollect they denied the petition and approved motion to correct it the same day)
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Generally, they look at the time from when the reconsideration was denied January 21, that was the final action on the matter.
Customer: replied 6 months ago.
Thank you and have a great weekend
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you. You too.
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Customer: replied 6 months ago.

Good evening, They have the short calendar date set up for February 17th and it is arguable. Do I have to file my objection as a motion or go to court and object to the motions? I usually filed motions to dismiss and motion for stay of execution when he filed these motions, shouldn't I also file motions to dismiss and motion for stay of execution after the Connecticut supreme Court denial of my certification?.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

Yes, you need to file as a written objection. It is called an "Objection to Motion" is what you are filing. A motion to dismiss or stay of execution will not help if the Supreme Court denied you.
Customer: replied 6 months ago.

Good day,

you said earlier that I can ask the Court to stay the award until I file the Federal Suit, So, I should include that in the Objection motion? I don't have to file motion for stay separately?. can I include all his four motions in one objection motion, or I should write four objection motions.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

You file a separate motion to stay enforcement along with the objection to the motion. You need to file the motions separately.
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Customer: replied 6 months ago.

Good day,

Can I in my objection to Counsel fee argue that the amount awarded to the plaintiff for only representing me for motion to dismiss which he charge $32,000 for is excessive and it is greatly more than what attorneys in the area will charge. Also for Objection to Attorney fee write that he should be liable for his attorney's fee because himself and his attorney created the fraudulent invoices and took the case to court. should I say interest should be removed or that it should not be calculated pending my filling to the Federal court.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

Yes, you would argue that it is excessive based on what actual work he did, his expertise and the result achieved. Also you would argue that his fee is excessive compared to the reasonable and customary fees of attorneys in the area. You should say the fees should be dismissed or waived based on the fraudulent invoices and his conduct.
Customer: replied 6 months ago.

But are they not going to say that judgement has already be reached on that by the courts, though nothing was said in all the judgements about the fraudulent invoice even-though he said he could not recollect them and the lawyer in his firm that represented me said she never say them. Nothing was said in the judgements about over billing also, even though it is obvious. Can I still bring those issues up for objecting to the motion for counsel fee?

His attorney is asking for the fee for representing the lawyer too in a motion for Attorney fee and also for interest for both of them, can those arguments be used for these too.

Expert:  Law Educator, Esq. replied 6 months ago.
Yes, you can still bring them up in your objection and if your objection is denied you would bring it up on appeal as well.

His attorney would be entitled to a reasonable fee only if they prove that your attorney properly charged you. If you prove he did not and there were fraudulent charges, he has to prove they were not once you show they were, then he is not entitled to get his attorney's fees paid either.
Customer: replied 6 months ago.

Really, you know I had all these in my Counterclaim that they never allowed to be heard. I will be very glad to know that I will have the opportunity to at least let the Court see past what Fact Finder reported to them, which are completely different from what happened in court. The Superior Court and the Appellate Court never looked past that report into the fact of the case.

Thank you very much, I have been reading the Connecticut practice book since 2am to try to see what I can use. I have read that practice book over and over again these past three years. LOL

Thank you very much.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

You have to make the arguments in every pleading you file on this issue, it is the only way to hopefully get the judge's attention.
Customer: replied 6 months ago.

Can I attach appendixes to the Objection motion?

After arguing the objection to the counsel fee, Can I just refer to that on the other motions and say because of the issues on my objection to counsel fees I am not liable for his attorney fee and the interest or do I have to argue it out on those too

Expert:  Law Educator, Esq. replied 6 months ago.
Yes you can attach exhibits to your motion.

You have to make your argument in each motion or objection you file. You can argue against his attorney fee and also against his attorney getting any fee from you in the same objection though.
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Customer: replied 6 months ago.

Good day,

In regards ***** ***** answer yesterday, Do you mean that I can put it as (Objection to Plaintiff's motion for Counsel fee and Attorney fee) and argue both on the same objection? Also can I use appendixes with this motion?.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

Yes, you can object to all the attorney's fees in one objection and you can attach exhibits as an appendix to the objection.
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Customer: replied 6 months ago.

It is me again, good day.

Do you think it is possible for me to file this on Monday since the court date for his motions argument is Tuesday. I am trying to put everything in my motion and the time is running against me

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

It really should be filed today, but if not, you can file it Monday morning, but they may object because you did not file it at least 3 days in advance of the hearing. You need to get it filed ASAP and then just argue that you did not have sufficient time and ask for a continuance of the hearing if necessary to provide you due process.
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Customer: replied 6 months ago.

I just took a look and the link you gave me on Pro SE litigant on how to file a federal suit, but it looks like filling a new law suit. It is talking about filling a complaint and sending a summon to the defendant. I am supposed to be appealing the decision given in my case and not filling law suit. is it not a petition for a writ of certiorari that I am supposed to be filling since I have reached the last appeal result in my state which is the Connecticut supreme court? it is important for me to know so that when I get to Court on Tuesday I will know what to argue. I already wrote on my motion for stay that i am filling a federal suit for the court to stay the award.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

That is what you have to do to take it to the federal courts, you need to file a new complaint explaining what the federal violation is and why the federal court should take the case. You are not asking for Cert in the US District Court, cert is sent to the supreme court. You have to start this as a new suit in US DC and explain your denial of due process and constitutional violations.

For your brief writing later on, here is another couple though that may be helpful:

http://law.duke.edu/curriculum/appellateadvocacy/guide.html
Customer: replied 6 months ago.

I am sorry I was going to press on reply to ask for some clarification. I know the Cert is sent to US supreme Court. what I am confused about is am I suppose to take it to US DC or US Supreme because I already got denied by the Connecticut Supreme Court.

Expert:  Law Educator, Esq. replied 6 months ago.
I would take it on your federal issue through the US District Court first, since you are arguing denial of due process.

It is virtually impossible to get the US Supreme Court to look at these cases, so go through the district court first. Most times the US Supreme Court Denies Cert without even a written order.
Customer: replied 6 months ago.

Thank you, ***** ***** name the plaintiff as the defendant and then argue that the court violates my due process in the case? The thing I am scared of now is the time. I was just thinking of the three months for filling to the US supreme court, I did not know that I have to go through the US DC. Do you know the time to file the suit after the state Supreme court's denial?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

You name the plaintiff as the defendant, then you argue the denial of your due process rights.

You still have time to file in the US District Court. I am telling you, even if you tried a petition for cert to the US Supreme Court, your case is likely to simply get refused without comment, which is what happens to 95% of cases filed there.
Customer: replied 6 months ago.

thank you. I am actually happen that i can file a suit in the US DC. I missed that during my research. I only found out that after State Supreme Court the next thing is Cert. I just wasn't sure that my case is qualified for that. Thanks a lot, I will be happen if my case is accepted.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you.

I hope that you can get this accepted on the denial of your due process rights.
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Customer: replied 6 months ago.

Good evening,

The Court date is tomorrow. I was unable to complete all the motions on Friday and I just argued all the motions in one Objection motion to the counsel fee but I wrote another motion for stay of Execution. I barely made it to the Court, I got there about 4 minutes before closing and there is no court today. I don't know how this will affect me. I was thinking of writing motion to correct and then try to get a Continuance. I read that it is hard to get continuance on short calendar motions.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

It is not going to be likely that they will allow you to amend, but they may because you are pro se. You need to at least ask the court tomorrow. If not you prepare and argue what you argued in your objection and see what happens, which is all you can do now.
Customer: replied 6 months ago.

I forgot to add the appendixes to the motion, can I take them to court and hand them over to the Judge and do they give stay because I am going to file the federal suit? I have not read how filing federal suit works because I did not know that I can do that. does filling federal suite put a stay on the award?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

Yes, you do need to bring the attachments with you to court.

No filing in federal court does not automatically stay, you have to ask the court to stay the judgment and if they refuse, then you have the ask the federal court to issue a stay pending the outcome of your case.
Customer: replied 6 months ago.

But do I have to file a stay in the Appellate court too like I did the last time? I already filed one in the superior court.

Expert:  Law Educator, Esq. replied 6 months ago.
Yes, you have to file a stay each time.
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Customer: replied 6 months ago.

good day,

Thank you very much for all your help. The court was yesterday, though I did not do as well as I would loved, I did not do badly either. Must of the questions I prepared he objected to that judgement was already made on them. but I was still able to argue few points. at the end the judge said she was going to look at the appellate court judgement, but the judgement was all repeat of the false untrue fact finder report and I did not have any of the exhibit with me to prove that. Is there any way to add exhibit to the ones already given? I was able to ask for stay of execution too.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

You can file a motion to supplement the record and attach the additional exhibits that you forgot to include. Then it is up to the court to allow you to supplement the record or not.
Customer: replied 6 months ago.

Good day,

I was taking a look at the invoices yesterday, I found out that on the same day that the Plaintiff wrote that he was having deposition on my case, The attorney I left his firm for has it on my invoice that I was having my second meeting with him on that same day. I did not point that out in court. The invoices showed that while I already left the firm on 02/04/09 and the New attorney's bill showed that He had his second meeting with me on 02/12/09 because the first one I had earlier was free, the plaintiff bill showed many everyday entrees worth thousands of dollars till 03/25/09. can I mention that on my motion, or how can I show this. I left his firm for that new attorney, after the abuse, not letting the female attorney I hired at his firm who was holding meetings with me represent me in court and he was acting confused not knowing anything about the motion to dismiss the separation which was the only thing the firm represented me for. it was obvious they never prepare for court that I started writing questions for the female lawyer and she was then writing on a pieces of paper everything for him to write or say. I had to do my investigation. All these and more the female attorney testified to but all the courts up to the appellate court are saying that I left the firm to reconcile with my husband and that is why I did not want to pay, when the attorney I left for handled my case for over a year after I left this firm, and I did not say I will not pay him. My question is can I put that exhibit with my motion for supplemental record and point that out?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

Yes, you need to take the bill, highlight the event with a highlighter and give a brief explanation of each one and state why it was not a proper bill in not more than 2 sentences each.
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Customer: replied 6 months ago.
Good day,
Remember the objection motion that I put to the court to object to the plaintiff's motion for counsel fees and attorney's fee? We went to court for the argument and I thought my motion was part of that argument. I just received a short calendar schedule from the court yesterday stated that there is court on March 9th for my motion for stay and objection motion. I will really want argument on these as I did not have enough time to prepare for the plaintiff's argument. This is a Nonarguable matter, but I am thinking of writing a motion for court to make it arguable, should I do that. I am thinking of marking it off because I have 2 exams on the 9th. If I should write the motion, can I write it now, or I should make it off now and write the motion for argument after they put it back on calendar?
Expert:  Law Educator, Esq. replied 6 months ago.
If you want argument, then you need to ask for argument now. Typically it is a non-arguable matter, but if you did not include everything that you have in the objection, then you need to either write a supplemental or mark it for arguments. If you have exams, you had better file a motion for continuance now not later explaining that you cannot attend and you would request arguments on the motion and get it set for another date.
Customer: replied 6 months ago.
If I mark it take paper which means the court should take a look at evidences in file concerning the motion and make decision and then put in a request for argument, if the request is accepted, the court will send another notice about a future date, if it does not accept it, then it will just go ahead and use the evidences on record to decide it. I just remembered that I did this before in motions for stay, dismiss and other motions. I am not sure if it works for objection motion as this is the first time that I filed objection motion. What will be the best argument four requesting argument.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

It would work the same for your objection as the other motions.

The best argument is the explanation of your case to argue that it was not frivolous and that as such no attorney's fees are due.
Customer: replied 6 months ago.
Can I send the request for argument as a motion?
Expert:  Law Educator, Esq. replied 6 months ago.
thank you for your reply.

Request for Argument is similar to a motion, so it is sent the same as a motion.
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Customer: replied 5 months ago.
Good day,
The motion to file a late motion for stay and the motion for stay that I filed with the appellate court were return to me yesterday because I mistakenly address one to appellate court and the other to Supreme Court. Since Petition for certification to the Connecticut Supreme Court that was denied is the last thing I filed, should I file the motion for stay with the Supreme Court or with the appellate court who gave the last judgement.
Customer: replied 5 months ago.

Good day,
The motion to file a late motion for stay and the motion for stay that I filed with the appellate court were return to me yesterday because I mistakenly address one to appellate court and the other to Supreme Court. Since Petition for certification to the Connecticut Supreme Court that was denied is the last thing I filed, should I file the motion for stay with the Supreme Court or with the appellate court who gave the last judgement.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

You need to file with the appeals court since that is where the last judgment was entered.
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Customer: replied 5 months ago.

Good day,

My motion for stay has been denied by the superior Court, and the motion to file a late motion for stay also denied by the appellate court. Should I just wait for the judgement on the plaintiff's motions and my objection motion and then file appeal if judgement is against me or is there any action that I need to take now.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

All you can do now that your motions were denied is to wait on the judgment on the plaintiff's motions and your objection and then take an appeal from that judgment if it is against you. There are no other options really for you to take.
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Customer: replied 5 months ago.

good day.

I have been very busy with school work and others that I have not had time to file my Federal suit. I am now ready to file it, I hope I am not late yet. It just tuned two months since the last decision on the motion for reconciliation from the Connecticut Supreme Court was given. My first question is, should it be my Name v. the Plaintiff name, or My name v. the Connecticut Appellate or supreme court. I am asking this because I am aware that a person can not violate a person's constitutional right guaranteed by the 14th amendment. Only a government can violate that right. It is the Court that does not allow my counterclaim to be heard and gave judgement against me with no substantial evidence. How can file a complaint against the plaintiff on this, how does it work?

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

It should be your name v. the plaintiff name who violated your rights and the name of the government agency they work for as well (so, for example only if you are suing a police officer, it is John Doe and City of A Department of Police). If the suit in the federal court is an appeal of a state court decision it is your name, plaintiff v. State of CT and you serve the attorney general for the state.
Customer: replied 5 months ago.

I already appealed this case and it was affirmed and I filed a petition for certification in the Connecticut Supreme Court and it was denied also. I was thinking of filling a petition to the US Supreme court, but I was advised to first file a federal suit at the US district court. I was the defendant appellant in that case and the plaintiff was the appellee. In the case my counterclaim was never heard and the attorney fact finder's judgement which was accepted by the superior Court and appellate court was malicious and was contrarily to the evidences and testimonies in court, without substantial evidences the courts believed it was a true judgement. What I want to know is who should be the plaintiff and the defendant in this federal suit in the US district Court?

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

You can file a petition for review in the US District Court. You would be the Plaintiff the other party would be the defendant, not the court or judge.

To get to the federal courts to review the decision, you have to overcome the Rooker Feldman doctrine. Under the Rooker Feldman doctrine you cannot appeal to the US district court when the following four factors are present:
1.The plaintiff seeking to bring a claim in federal district court has already lost on that claim in state court;
2.The plaintiff is complaining that the state court judgment caused him some sort of injury or harm;
3. The plaintiff is asking the federal district court to review and overturn the state judgment; and
4.The state court finalized its decision on the claim before the federal district court began its own proceedings.
See: Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280 (2005).

The Rooker Feldman doctrine does not bar a plaintiff from presenting a facial challenge to the constitutionality of a state statute in federal court, even if a state court previously applied that state statute against the plaintiff.

So to go to US District Court to appeal the state decision you have to challenge the decision on constitutional grounds of due process as you are doing. The defendant would be the party who was the other party in your case.
Customer: replied 5 months ago.

Do you mean that to get to the federal courts to review the decision, you have to overcome the Rooker Feldman doctrine. that Under the Rooker Feldman doctrine you cannot appeal to the US district court when those four factors are present?


!. I already appealed to the State Court that my right to due process has been violated but the state appellate Court Affirmed the Superior Court decision

2. One of my issues for wanting to file a suit at the US district Court, is the the sate Courts have deprived me of my property that is guaranteed by the 14th amendment

3. I will be asking the federal district court to hear and overturn or give judgment on my case
4.The state appellate Court already finalized its decision on the claim.

Does these mean that I can not file federal suit in the District Court?

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

That is correct, to appeal through federal court you have to overcome Rooker Feldman. You are arguing a constitutional deprivation of due process, which could get you over the Rooker Feldman Doctrine.
Customer: replied 5 months ago.
Good day,
I don't know if you are back, if you are, this is what someone wrote to me yesterday when you were not here.
Thank you for your reply.
You can file a petition for review in the US District Court. You would be the Plaintiff the other party would be the defendant, not the court or judge.
To get to the federal courts to review the decision, you have to overcome the Rooker Feldman doctrine. Under the Rooker Feldman doctrine you cannot appeal to the US district court when the following four factors are present:
1.The plaintiff seeking to bring a claim in federal district court has already lost on that claim in state court;
2.The plaintiff is complaining that the state court judgment caused him some sort of injury or harm;
3. The plaintiff is asking the federal district court to review and overturn the state judgment; and
4.The state court finalized its decision on the claim before the federal district court began its own proceedings.
See: Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280 (2005).
The Rooker Feldman doctrine does not bar a plaintiff from presenting a facial challenge to the constitutionality of a state statute in federal court, even if a state court previously applied that state statute against the plaintiff.
So to go to US District Court to appeal the state decision you have to challenge the decision on constitutional grounds of due process as you are doing. The defendant would be the party who was the other party in your case.
I read that on line too after I got this reply and it was saying the same thing. They can not give judgement on my case and they cannot overturn the judgement. I am a little confuse on what my complaint is going to be since the court does not have jurisdiction over state case that judgement has been passed on. I read that only Supreme Court can review cases like that unless there is permission from Congress.
What do you think?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply, I was here and I wrote that to you about Rooker Feldman.

If you have a constitutional violation they can send your case back for further hearings. All they can do is rule on the constitutional issues in the case. If there is a constitutional issue, then they will have to send the case back to the state court to reopen and hear the case consistent with the law in that state. That is why I said you have to argue the constitutional violation.
Customer: replied 5 months ago.

Good day,

I thought you were not there because I got notification that my question was being sent to other lawyers to answer and the answer came as if the person did not understand my case.

So the district Court can remand the case back for further review? What is confusing to me is that the doctrine says that you cannot appeal to the US district court if the plaintiff seeking to bring a claim in federal district court has already lost on that claim in state court and I already lost on the claim that the superior court violated my right to due process. Another is that I cannot ask the federal district court to review and overturn the state judgment. Also the state court already finalized its decision on my case


and I am claiming that their decision harm me by depriving me of my right to have my counterclaim heard and my right to have judgement that is not malicious on my case. It seems that all I want is all that is said will prevent a case from being reviewed by the US district court.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

That is correct, you are claiming a violation of a constitutional right. You are not challenging the actual judgment of the State court, you are claiming the state court violated your constitutional right. However, you should not be doing this without an attorney because these cases are very complicated and need to be properly worded and are legally technical.

If you cannot get the court to agree this is a constitutional issue, your case is over with the state supreme court decision.
Customer: replied 5 months ago.

If I can not get the federal court to believe my constitutional right was violated, I can not appeal that decision to Federal appellate court?

l

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply. That is correct.

The alternative is if the counterclaim was not dismissed with prejudice and you are still within the statute of limitations is to file a new complaint in court with your counterclaim causes of action.
Customer: replied 5 months ago.

This case started 5 years ago so filling a new complaint is out. You said earlier and I just did that last week in my legal environment of business class that if one disagrees with the Us district court's decision it can be appealed to the US Appellate court. Like if the court states that the issue does not violate us constitutional law and I still have the believe that it does, that the district court is wrong about that. can't I appeal it with the US Appellate Court?.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

Yes, if the district court does not agree that there was a violation of your constitutional rights, then you can appeal that part to the appeals court and supreme court, but the cost is going to be high to do so as well, so you need to be prepared for that as well.
Customer: replied 5 months ago.

You are the best. If a can afford a million dollars I will spend it on this case to stop these people from getting a dime from what they took me through at the most vulnerable time of my life. Unfortunately I do not have that much. There were four other Lawyers since this case started before I went Pro se on appeal, over $20,000 attorney fees have been paid and I am still making monthly payment on attorney fees. I would have loved to hire attorney to help me with this, but that will start accumulating another attorney fees and I do not know if they will ever give me a fair judgement in this case. The more I know, the more it is clearer to me that there is a violation of my constitutional right. I started this without knowing what attorney Fact finder was and without knowing anything about how the court works. I have spent the last 3 years mostly on this case. The beginning was very rough, but with my determination and your help, I was able to pull through. The very first time I heard the word "right to due process ' was from you. but today, I know so much about this due process, different analysis of it, including Mathews v. Eldridge and how to analyze how due the process is. I am a different person now, the way the courts work is very clear to me now that at my old age, I have decided to go back to school and try to become a business/Human right Lawyer. I am going to be taking 1,2, or 3 classes at a time but if I am alive, I will get there one day. The exam I took on my legal environment class this week, I got 96% on it without having time to read the four chapters we had the exam on. It has been straight A in everything I have done including those from other classes. Though I was I straight A student before, but it was with so much effort, now with my experience in this case, the Legal environment for business class is like a free class.

If I ever complete this school or win this case, I will make sure that my family get plane tickets, accommodation and dinning in a great hotel in Connecticut for you and your spouse to come and celebrate with us. As for now, I will give $30 for you to help me buy you a bottle of wine to enjoy this weekend, I have so many in my bar that I collect from all over the world, unfortunately I do not know how to get some to you. I am having a blog on pro se help, and my experiences, I am going to make sure I talk about your help all the time.

well I am going to rate this and come back after lunch to ask my next question. Once again, thank you very much for all your help.

Expert:  Law Educator, Esq. replied 5 months ago.
You are one of the many of our customers who have learned much about the law after spending some time with us, but that is because you took our general information and went out and expanded upon it and did not take our word for gospel. You actually research and you look up more from what we give you and come to your own conclusions. We just point you in the direction and you should be commended for that.

We have rain today in MA, but at least it is warm. I am on the CT line, so I presume CT is getting the same thing. Glad the snow is melting away.

Thank you again.
Customer: replied 5 months ago.

Thank you very much for your compliment. That is very correct, I have done so much research, I even paid for online legal research. sometimes I come to you for confirmation after a research, sometimes I take what you give and I research on it and sometime I just do what you give. I am very glad I found you.

it is shocking to me that you are that close to me. I am in Glastonbury Connecticut, and the eastern part of Glastonbury. I am very close to Massachusetts border.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

I am glad you do so because it is always good to get validation and also confirmation, as well as getting possible alternative ideas on a subject.
Customer: replied 5 months ago.

Good day,

It looks like it is going to be another raining day. I am sorry I forgot to rate that yesterday, I will do that after this question. I really need to file this Federal suit or petition for writ of certiorari to the Supreme Court. I have to do something because the time is going too quickly. i will not be a happy person if I don't pursue this till there is nothing more to do. Then I will be certain that there is no justice any where in the world.

Please, I want to know if I am filing a petition or a normal complaint to the U.S District Court. I know I am the plaintiff but who is the defendant?

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply. Yes, another rainy day and they are saying possibly SNOW tomorrow, I am so sick of winter.

You are plaintiff and the state court and state would be defendant since they are the ones you are accusing of violating your constitutional right to due process. You have to prove that they improperly denied you the due process and in your complaint you need to allege facts sufficient to overcome Rooker Feldman to show that this is a constitutional issue and not seeking to get a decision on the merits of your case in the state court.
Customer: replied 5 months ago.

So, I am not going to go into my case with the plaintiff at all? If it is between me and the state then I can not ask the District court for stay of execution on the case and the appellate Court decision will become final? I am sorry, I am still trying to be 100% clear on this, to ascertain if this is the best choice for me before it becomes too late for me to file to Supreme Court.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

You have to prove your constitutional rights violation to get the court to order the state court to reopen and hear your counterclaim, this is between you and the CT court for denying you your right to due process.
Customer: replied 5 months ago.

Okay, So, what I will be asking the Court for will be what I was asking from the Appellate court and the Ct Supreme Court for to remand the case back for further hearing. Is it a petition that I should write or I am filling a complaint?

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

It is a petition (complaint is used interchangeably). You are indeed asking the court to find your constitutional rights were violated and to send it back to order the CT court to hear the matter.
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Customer: replied 5 months ago.

Good day again,

I submitted $30 with my last rating, for you to help me get yourself a bottle of wine for the weekend. Once again thank you.

My question is what is this petition called. I went in the U.S.D.C website, there is no petition like that.. The only petition I saw there was Petition for Writ of Habeas Corpus. How do I get information on how to do this. The Pro Se information they have on the website is how to file a complaint.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you very much.

This has to go on a regular complaint and it has to be a complaint about violation of your rights under the US Constitution against the State and courts for denying you due process, it is like any other civil rights complaint. You know this is a very long shot as we discussed, but it is the only real chance you have.
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Customer: replied 5 months ago.

Good day,

I have been thinking about this. Is it possible and advisable to file the complaint in the USDC and also file to the US Supreme Court?

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

You have to pick your court, not both.
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Customer: replied 5 months ago.

Good day,

I was reading old opinions in U.S district court Connecticut's website and I was seeing cases like Lawyer malpractice, Connecticut Unfair Trade Practice Act "CUTPA" and some more that I never knew could be heard in that Court. Why do those cases get taken in that Court. I am just Curious.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

They get taken by the US District Court under concurrent jurisdiction rules, meaning there must have been some other federal claim that was attached to the case or the case was based on diversity of citizenship where the parties were from different states and the value of the case is over $75,000.
Customer: replied 5 months ago.

Maybe they get taken under concurrent jurisdiction rules, because that is the only way that I am hearing for the first time. Thank you.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.

Likely it is concurrent jurisdiction together with some other federal claim that was filed in the suit.
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Customer: replied 4 months ago.

Good day my Neighbor. LOL.

Do you have any idea of what the status of limitation is in filling a complaint in the United State district Court, after the final decision from the State Supreme Court?

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

It is still 30 days, which is the same time you have to appeal a case. It is 30 days from entry of the judgment or final decision from the supreme court.
Customer: replied 4 months ago.

What?, Every information I got stated it is 90 days from the day judgement is given to appeal to the U S Supreme Court and I was thinking it will be the same 90 days to file to the U S district Court. when I told you earlier that it was already over a month since the last decision, you told me that I still had time.

Expert:  Law Educator, Esq. replied 4 months ago.
It is 90 days for filing the appeal, I do not know why I put 30 up there, that was a typographical error, I apologize, I really do not know where that came from.
Customer: replied 4 months ago.

You almost gave me a heart attack LOL

Expert:  Law Educator, Esq. replied 4 months ago.
I sincerely ***** ***** really did not know why I put 30 as I was looking at the list that said 90 when I typed it. However, 90 is not as long as you think either so hopefully you are moving to get this done.
Customer: replied 4 months ago.

I only have a little over a week left. I was thinking since it is a new complaint it will have a year status of limitation. kind of pushing my luck, but when I got 30 days my heart started to race.

Expert:  Law Educator, Esq. replied 4 months ago.
It is really pushing your luck on a new complaint, so you really need to get this filed.
Customer: replied 4 months ago.

But it is a new complaint that you advice me to file against the Connecticut/Court on the violation of my right to due process with the appellate court handling of my case. Their unfairly ignoring the Counterclaim on appeal and quoting the counterclaim that was not issue on appeal even though the judges acknowledged that they were aware of the Counterclaim on appeal during the oral argument and they also acknowledged that it was different from my self defense and read the difference out. But in the decision unfairly quoted a different counterclaim and said it was the same with the self defense and that therefore it was heard. As a result depriving me of the chance for my counterclaim to be heard. wrong and partial decision that has no substantial evidences were giving on other issues. Since the U S district Court cannot rehear this, you advice that a file a new complaint on the US District Court instead of appealing to US Supreme Court since it is very hard to be accepted there. I hope you still believe I should go this way because I am trying to put the complaint together. 2. I am looking for a Lawyer to help with this, why can't I hire you? you know my issues better than any one else. Crytitle="Cry"/>CryCry

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

I understand that it is likely the only chance to file the complaint as a new complaint, but you need to understand that we can give you the theory as to what you can do, but whether or not you will win your case we cannot comment on because while you may have told us everything from your side, you need to have a local attorney represent you to give the actual physical evidence proper evaluation.
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Customer: replied 4 months ago.

Good day,

As for your last answer, I know you cannot tell me whether I will win or not, even if I hire an attorney, he will not be able to promise that either. I appreciate all your help. At this point it does not matter if I win or not. I have fought this for years now and I just want to fight it till the end. Once again thanks for your help. I am hurriedly putting my complaint together, I want to know if the defendant should be the State of Connecticut/Court or the State of Connecticut court. I was reading one opinion that involved court as defendant it stated that the judges were supposed to be listed as part of the defendant. How do you see that.

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

I agree that at this point nobody can tell you if you will win. You just have to do whatever you can do at this point to get closure, which means fighting until you are told you cannot fight any longer. If you can fit your facts into that case you read about the court, then yes, you could include them as a defendant for not giving you "meaningful due process."
Customer: replied 4 months ago.

Can I include the Fact from when the attorney fact finder gave judgement without hearing the counterclaim or I just state the appeal Court basing their opinion on a wrong counterclaim, contradicting the Judge acknowledgement during oral argument that the Court was aware of the counterclaim on trial and many of the false and malicious accusations the court gave in their decision. I am trying to know what point to include not to fail the Rooker Feldman doctrine

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

Absolutely, you include everything to argue that you were deprived of any meaningful due process, since you have never been given a reasonable chance to present your case.
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Customer: replied 4 months ago.

Can I use this for the deprivation of the right for my counterclaim to be fully heard?

Count 1. Violation of the plaintiff constitutional rights under the Fourteenth Amendment of the United States Constitution pursuant to 42 U.S.C. §1983

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

Yes, deprivation of your right to due process under the color of law is a basis.
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Customer: replied 4 months ago.
Or should I put it as

Count 1-Deprivation of of the plaintiff right to due process guaranteed by fourteenth Amendment of the United States Constitution under the color of law pursuant to 42 U.S.C. §1983.

Expert:  Law Educator, Esq. replied 4 months ago.
The first way was better.
Customer: replied 4 months ago.

I just read that all states have sovereign immunity that before you sue them you have to notify them, also that some state decide not to have immunity.How do I know if my state has immunity or should I just sue the Appellate judges? should I add Superior court judge?

Expert:  Law Educator, Esq. replied 4 months ago.
There is a procedure to sue the State of CT and here is the page that explains the process: http://www.occ.ct.gov/cc_fp1.aspx?page=156
Customer: replied 4 months ago.

Thanks,

I just checked it out, it is filling through claim commissioner, that is different from suing for violations of due process and others. So, It seems like I can not sue State of Connecticut / Court like you advised earlier. So, I should just go for the Appellate judges or add the Superior Court Judge.

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

It is not the same as filing suit, it is different. You would make the claim to them first and then you can sue them if they do not resolve it. You can sue the state as you would sue anyone else.
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Customer: replied 4 months ago.

Do you advice that I file a claim with the state first or go ahead and sue the judges for the violations.

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

You need to file the process or the state will seek to dismiss the suit on that basis. So file your claim first and give them 120 days and then file your suit.
Customer: replied 4 months ago.

will it not be too late then to file the suit, because it will be 3 months tomorrow, that is why I am trying to file it tomorrow...

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

It could be too late if you have missed the deadline, but if you do not file your claim with them, the court has to deny your claim as well. So you are in a catch 22. If you file the claim and the state denies it, you can argue at least that it took so long to file and you should be allowed to file out of time because the state did not answer you in time and they have 120 days to answer, which is far more than the 3 months you had to file.
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Customer: replied 4 months ago.

I was thinking, Since I am filling a new complaint to the US DC and not a reconsideration or review of old case, is it not supposed to be a year to file, instead of the 3 months to file appeal or review. The CT commission has a year to file.

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

It is 3 months for you filing the appeal. However there is a statute of limitations also for filing your civil rights claim which is the same as the personal injury limitation in your state and it runs from the date of the hearing where your rights were violated and you need to get the claim filed with the state before you file in court no matter what or your suit will be dismissed for failure to follow the sovereign immunity claim process.
Customer: replied 4 months ago.

Good day,

I did some research see what I found. The Federal law and the Connecticut commissioner of claim's Rule. what do you think.

federal

Discrimination

If the state or local government entities receive federal funding for whatever purpose, they cannot claim sovereign immunity if they are sued in federal court for discrimination. The United States Code, Title 42, Section 2000d-7 explicitly says this.

The Supreme Court decision of Board of Trustees of the University of Alabama v. Garrett seems to nullify this; however, numerous appellate court cases, such as Doe v. Nebraska in the 8th Circuit[10] and Thomas v. University of Houston of the 5th Circuit[11] have held that, as long as the state entity receives federal funding, then the sovereign immunity for discrimination cases is not abrogated, but voluntarily waived. Since the receiving of the federal funds - such as FAFSA and affirmative action - was optional, then the waiver of sovereign immunity was optional. If a state entity wanted its sovereign immunity back, all they have to do in these circuits is stop receiving federal funding.

However, the 2nd Circuit does not share this ideal.[12] Currently, they are the only federal court of appeals to take this approach to the issue.[13]

For more details, "constitutional torts" 42 U.S.C. § 1983 allows state officials to be sued in their individual or official capacities, a principle which was demonstrated again in Brandon v. Holt, 469 U.S. 464 (1984).

Commissioner of claim.

Generally, the law requires those who wish to sue the state, or to present a claim against it, to file a claim with the claims commissioner unless their case falls within an exception established by law. They must file their claim with the commissioner within one year after it accrues. A claim accrues on the date the damage or injury is sustained or discovered or, in the exercise of reasonable care, should have been discovered. But, the law requires that the claim be submitted within three years after the date of the act or event that allegedly caused the damages (CGS � 4-148).

(c) No claim cognizable by the Claims Commissioner shall be presented against the state except under the provisions of this chapter. Except as provided in section 4-156, no claim once considered by the Claims Commissioner, by the General Assembly or in a judicial proceeding shall again be presented against the state in any manner.

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

Yes, that is generally correct. You have to prove the courts get some federal funding though. It is not bad for your claim.
Customer: replied 4 months ago.
Good day,
My state gets FAFSA. Is it advisable to still go through the commissioner of claim, or I should just go ahead and file at the USDC?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

I would still go through the commissioner of claims, your claim is against a subdivision of the state, the court/judicial system. Every state gets some type of federal money though, but to be safest, filing the claim with the commissioner would cover all of your bases.
Customer: replied 4 months ago.
I was thinking that also. Thank you very much. But is it Court / Judicial system or Connecticut/Court like you advised earlier?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply. The judicial branch is a branch of the CT state government, which as you know has three branches like the US government, legislative, executive and judicial. They are part of the state, but a separate branch.
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Customer: replied 4 months ago.

Good day,

The motion for argument for my objection motion that I filed in response to motion for attorney fees and others has been Approved. I filed all the motion for attorney fee, counsel fee, for appellate fee, interest and others in one motion because I was running out of time. Should I file a motion to amend and separate them or just leave it?.

Expert:  Law Educator, Esq. replied 4 months ago.
thank you for your reply.

You should argue them all at one time in one proceeding if they are all in the same case with the same attorneys.
Customer: replied 4 months ago.

I am adding issues to why I object to the plaintiff's motions. So, I am writing a motion to Amend and attaching the amended objection motion. is that okay?

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

You would need to file a motion for leave to amend the objection, but yes, you can typically file the amended objection and you would attach the proposed amended objection to your motion for leave to amend the objection.
Customer: replied 4 months ago.

After I wrote my last question to you, I got the short calendar notice for Court on the 4th of may 2015. Can I still amend the motion since the court date is already set?

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

It is not likely you would be able to modify in time, but if you can get it in tomorrow or Wednesday, at least the court will have it to decide whether they want to accept it.
Customer: replied 4 months ago.

I just found out that the motions they put on calendar for argument are the plaintiff's motion that was already argued and I filed objection motion on. I do not know if this is a mistake or not. The argument was supposed to be on my objection motions but it is on counsel fee and attorney fee. what should I do?

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

You need to contact the clerk at the court as they are the only one who can tell you that for sure.
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Customer: replied 4 months ago.

I already asked for the Court to waive his attorney fee because it is fraudulent and because of the plaintiff misbehavior, but Can I ask for damages in an objection motion?

.

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

Yes you can ask for damages for their misconduct as well in your objection.
Customer: replied 4 months ago.

You are the best. Thank you very much.

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you.
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Customer: replied 4 months ago.

Good morning,

Will $100,000 be reasonable enough to ask for the emotional, mental, physical, and financial anguish this misconduct has cost me? As a matter of fact I have gone through so much with this case in the past7 years. I have spent basically 70% of my time in the past three years on this case. reading cases, doing research, writing, sorting papers. It took me months working days and nights to write my brief, reply brief, many ten pages motions like motions for articulation, rectification, reconsideration, Objection, over 15 motions of extension of time, and many more. I ended up in the hospital emergency room twice for having accident after not sleeping eating and drinking for days and severely dehydrated because I was working on my brief. This has cost me so much anxieties, panic attacks, emotional and physical problem that I was put on medication several times. I have paid thousands of dollars to lawyers, paid thousand for legal help in editing and on printings among others. I actually believe $100,000 is too little for what I have been through, but I want to be reasonable and don't go out of line.

What do you think is reasonable.

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

Honestly, I would ask for at least $10 million. Typically these cases may go anywhere from $3 Million to $200,000, so there is a wide range depending on severity of the conduct as proven and there is no reason to limit yourself.
Customer: replied 4 months ago.

This is for the objection in the Superior Court, not for the case against the Court . Is that not too much?

Expert:  Law Educator, Esq. replied 4 months ago.
Sorry, for that you should ask for compensation that the court finds "fair, just and equitable based on the conduct proven." Leave it open and let the court come up with a number would be my suggestion, but if you want to include a number, I would say to ask for $300,000, to give them room to reduce the amount to something acceptable to you.
Customer: replied 4 months ago.

This is how I put the damages.

D. plaintiff should be ordered to pay the compensatory damages of $300,000 for the mental, physical, and financial anguish the Plaintiff’s misconduct has cost the defendant. As a matter of fact she has gone through so much, during the plaintiff’s representation and in fighting the injustice in court. This has cost her so many anxieties, panic attacks, emotional and physical problem that she was put on medication several times. She has paid thousands of dollars to lawyers, paid thousand for legal help in editing and on printings among others

F. The defendant respectfully ***** ***** Court to award punitive damages that the court finds fair, just and equitable based on the Plaintiff’s misconduct proven and to deter the plaintiff from perpetrating the same misconducts on other people that pay the firm for help and from giving a terrible name to the law profession

What do you think?

Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

You should consider, "compensatory damages of $300,000, or other such amounts as the Honorable Court deems fair and just,..."

The rest of it is fine.
Customer: replied 4 months ago.

Should I put the motion as

"Amended Objection motion" or leave it as it was before "Objection motion"

Expert:  Law Educator, Esq. replied 4 months ago.
I would submit it as an amended objection, since that is what you are filing an amendment to your previous objection.
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Customer: replied 4 months ago.
I remember that the objection motion was put on calendar as non arguable and I called the clerk to let the court know that I already filed a motion for permission to argue it and the ruling on it wasn't out yet. So, he told me that if I did not want the court to make judgment on it, I should mark it off and mark the other motions ready and I did. So that motion is not active on file, I am thinking that is why the clerk mistakenly place the plaintiff motions on calendar. Should I reclaim the motion before I file the amended one or just file it and should I mark those plaintiff motions off or I should file a motion to correct the error.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.

If the motion is not on the calendar, file the amended one and ask for the motion to be put on the calendar.
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Customer: replied 4 months ago.
Good day
Is it possible to have witnesses on a short calendar argument?
Customer: replied 4 months ago.

Good day,

Is it possible to bring witnesses to a short calendar argument?

Customer: replied 4 months ago.
Good day
Is it possible to have witnesses on a short calendar argument?


Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply. Sorry, I was out of town and did not have the chance to get to the internet as I was tied up on a client matter. It is up to the judge as to whether or not the court needs a witness.
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Customer: replied 3 months ago.

Good day,

what is the current household saving in the United State

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

What do you mean? The average amount a person saves per year?
Customer: replied 3 months ago.

yes , according to national statistic

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

This is a very contested issue but for 2014 it is $0 according to news reports. See: http://www.foxbusiness.com/personal-finance/2014/05/14/median-american-savings-0/
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Customer: replied 3 months ago.
Good day,
I reclaimed my objection motion and filed the amended objection like you advised me to do. I also went to the clerk to ask why they have the plaintiff motion on calendar instead of my objection motion that argument was granted on. He said it was the same that since the objection was on the plaintiff motion, that motion can be put on calendar. He said I should argue my objection there. But in court, plaintiff did not let me argue my case saying that it was his motion that we were there for, that it was already heard. The judge then asked me to file the rough argue that I prepared for court. She said that she will read it after court.
Two days ago I got a mail that my objection motion was put on calendar for May 18. Then yesterday I Got a decision from the judge giving judgement to plaintiff. Saying that I should pay his attorney over $17,000. The thing is my objection motion is coming up . I know if I ask for argument, it will not be given. Should I ask for argument or mark It take paper? What do you think that I should do? Do judges give judgment when part of the case is on calendar?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

If a party is arguing their motion, then the opposing party should be allowed to argue why they object to that motion. They cannot refuse to allow you due process to object to what they are asking for. You need to file a motion to vacate the judgment to the plaintiff based on arguing that your due process rights were denied in that you were prevented from presenting your objection to the motion AND that your objection is set for a hearing.

When you file your motion to vacate the judgment, ask the clerk to file it on the same date as the objection hearing so they can be heard together.
Customer: replied 3 months ago.

My objection motion on calendar is nonarguable and I have to mark it before 4pm tomorrow. Should I file a motion to vacate or just file objection to the judgment?

Expert:  Law Educator, Esq. replied 3 months ago.
You should file the motion to vacate the judgment, since you were denied due process in being able to object to the motion at the hearing
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Customer: replied 3 months ago.

Good day,

How do I file a motion to vacate? Is it like other motions or it is done differently?

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

Yes, it is filed like every other type of motion. You just explain in the motion as to why it needs to be vacated.
Customer: replied 3 months ago.

So I don't have to send a summon and all of that?

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

No you send them the copy of the motion to vacate and fill out your proof of service just like every other regular motion.
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Customer: replied 3 months ago.

Good morning,/

How should I mark my objection motion on the calendar, should I mark it off, take paper or I just leave it and then reclaim it after I put in the motion to vacate?

My motion for argument was approved for this motion but now they have it on calendar without argument.

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

Yes, mark your objection off and get the motion to vacate heard first.
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Customer: replied 3 months ago.

Below is part of the Connecticut practice book section on Attorney fees. What does this mean and do you know time limitation on when to file motion to vacate. is motion to vacate the same thing as motion to re argue? Because I can not find motion to vacate in the practice book.

attorney’s fees are sought, motions for such fees shall be filed with the trial court within thirty days following the date on which the appellate court or supreme court rendered its decision disposing of the underlying appeal. Nothing in this section shall be deemed to affect an award of attorney’s fees assess as a component of damages

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

Attorney's fees are at the discretion of the court. This means that if the court finds the judgment you are seeking to vacate was improperly obtained by the attorney then they could award attorney's fees.

It is called a motion to set aside judgment.
Customer: replied 3 months ago.

Do you have idea what the time limit is for filling the motion to vacate?

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

Generally it is within 10 days of the judgment or within 30 days of discovery of the judgment.
Customer: replied 3 months ago.

what is discovery of the judgment? In our practice book it says motion to re ague should be filed within 20 days. Do you think this is the same as the motion to vacate?

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

Sorry, I was looking at notice of appeal, yes motion for set aside is 20 days. Discovery of judgment is when you learned the judgment was entered against you if it was after the date it was entered.
Customer: replied 3 months ago.

If I file motion for set aside and it is refused can I still file an appeal?.

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

You can appeal a denial of set aside, but in reality very few of those appeals are granted.
Customer: replied 3 months ago.

But can I appeal the motion for counsel fee after the motion to vacate has been denied or I should just go ahead and appeal the granting of the motion for Counsel fee.

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

You could appeal the counsel fee after the motion to vacate is denied and I would also ask the court in your motion to vacate to also reconsider that fee award.
Customer: replied 3 months ago.

So, Should I put it as

Motion to vacate judgment/reconsideration

or I don't add the reconsideration, but just write in the motion for the judge to reconsider the award.

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

You should put it as Motion to Set Aside Judgment and Reconsideration, that would be appropriate.
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Customer: replied 3 months ago.

Happy Memorial day to you. I know that you must be busy enjoying cook out somewhere with friends and family. my family is out enjoying cook out at my friend's house too, but I could not go because I have to write this motion that is due tomorrow. I am leaving this question for you to answer tomorrow.

How should I put my due process violation argument in the motion to side aside and reconsideration, should I say one of the grands to grant this motion is that my right to due process provided by-------------- has been violated because I was not given the opportunity to fully argue my my Objection motion? ------

I am adding the fraud and other violations too.

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply. I was out of the US for the past week with a client matter. Sorry for the delayed reply.

Your right to due process was infringed when you were not given a meaningful opportunity to defend and object to the motion before the court ruled upon it.
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Customer: replied 3 months ago.

can I add that the Connecticut court discriminated against.and violate

42 U.S.C. §1983.

and also add The plaintiff and it’s attorney Robert Weinstein also are in violation of the Fair Debt Collection Practices Act § 807. 15 USC 1692e] (2). (A) (10) By Using False and misleading invoices in representing the case in court. by falsely representation its billing amount, misrepresentation of its billing procedure, falsifying the invoices and presenting the amount in the bill as legally defendant’s debt and by deceiving the courts in the attempt to collect the debt also unfairly taking the defendant through unnecessary hardship of court proceedings and causing so much emotional, physical and mental, and financial anguish.

i am adding this because it is the truth and because i am thinking that when I file appeal I will transfer from there to the US discrict court because it has federal violations. what do you think?

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

You can add in the 1983 claim, since you are arguing that the violation of your due process rights. Also, you should argue the FDCPA if that is what they are doing in this case.

You could raise the federal issues to the US court as the grounds to get the US District Court to take jurisdiction on the case.
Customer: replied 3 months ago.

but can I mention the past judgements when I talk about the discrimination of the judges?

can I use this below too because she keeps saying appellate already gave judgment on the issues.

The discovery of fraud,
and such showing of unfair, inequitable, and unconscionable conduct gives rise to the
ate power and jurisdiction of our Connecticut Courts to vacate judgments achieved
by fraudulent means, regardless of whether such discovery was made before or after 4
Months following entry of judgment. Connecticut Law is well established, in that
Judgments obtained by fraud can be attacked at any time (See 180 C. 129, 130.
Cited. 181 C. 463, 466-469.)

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

You have to stick to the judgments at issue in this case specifically. That would include all past judgments in the case.

You can use that discovery of fraud as one of your arguments as well.
Customer: replied 3 months ago.
Good day,
It took me a while to find my most recent question as the web site has been given a face lift. LOL
I want to know if I should file a motion to argue my Motion to Set Aside Judgment and reconsideration or I should just let them give judgment according to the issues I wrote on the motion. I wrote 10 pages of argument to support the motion. What is your advice on this one?.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply. Unfortunately, as experts are not employees of the site, we have no way to know what customers see and we see something completely different and nobody tells us when they make a change. Sorry it took you so long to navigate the new changes.
If you did a good job on your argument in support of the motion, it does no harm to set the matter for oral argument, this way the court may ask any questions if you left out anything or if there is more you may want to explain to support the arguments in your brief. All the court can do if you file for oral arguments is to say they are not needed and deny the motion, which is better than not asking for oral argument and have the court say they wanted to hear more from you.
Customer: replied 2 months ago.
Thank you very much. I could not find a place to rate this. I will have to come back and search for the place to rate, I have to go to sleep now, it is 2.40 AM. I always hate changes on the site that I already used to.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
I know we experts hate it when they constantly change the site too as it effects the ability of customers to navigate the site.
Customer: replied 2 months ago.
Good day,
The last day to mark my motion to Set Aside and Reconsideration is tomorrow and I have not received any response to the motion for argument. Should I mark it off until I get a response, or I should just not mark it and reclaim it after I receive response to the motion for argument.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
If they did not respond to the motion, that is their issue. I would mark it and then let them argue why they did not respond.
Customer: replied 2 months ago.
I mean the motion for argument is not denied or granted by the court yet. Right now it is non arguable on the short calendar, should I mark it off and wait for the motion for argument to be granted or denied and then reclaim the motion to side aside and reconsideration?.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for clarifying what you were talking about.
Yes, mark it off to wait for a decision.
Customer: replied 2 months ago.
Good day,
I did not mark the calendar. should I reclaim immediately or I wait till next week to reclaim the motion?
Like I said the other day, I can not find a place to rate your work. the usual place after each question to rate is no longer there. Do I have to go to a new page to ask question each time to be able to rate the answer? Please let me know.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question.
Unfortunately, they changed their system so you have to go to a new question, ask for me by typing "for law educator only" in the subject line and you can rate there.
You can wait to reclaim it next week and see what happens with the motion for argument.
Customer: replied 2 months ago.
I hope you will remember me when I ask new questions. I believe it is easier than trying to explain my case again. I have been with you for years. my username is***** will end my question with the name so that you can remember my case. Thanks for all your help.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Just type "for Law Educator ONLY..." in your subject line of the question. I will recognize your customer name.
Customer: replied 2 months ago.
I have been trying to ask new questions and I was asked to pay and that the questionws will be sent to any lawyer. I couldn't get a place to ask a new question that will be directed to you. Please help. My questions are below, I could not get them to you as new questions.
I was in a motor accident and had a broken leg and other injuries and I could not mark the motion to set aside and reconsideration that I reclaimed. I found out today that the plaintiff filed a motion objecting to my motion and another
motion for additional attorney fee for the motions that I am filing. What should be my response?. I am having surgery on my led in few days and there is going to be a cast on it for 6 weeks after the surgery. (1) Should I wait a little before I reclaim the
motion or I should reclaim it and mark it ready, (2) what should be my response to the plaintiff's motions. ( This is a follow up of questions and answers between me and Law Educator that have been going on for more than four years. please this question is
for him only.)
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
You can always get to me (even if I may be out of town on business and it may take me a couple of days) by putting "For Law Educator ONLY..." in the subject line of your new question.
Also, as long as you can continue to leave positive feedback in here, you can continue in this thread, but if it will not let you leave positive feedback for my responses here, then you will need to open a new thread, because the experts are not employees of this site and as such do not get credit for spending time with customers unless a customer leaves positive feedback.
Let's try answering you here and see if you can leave positive feedback here and if not then you can open a new question as I said above and I will proceed there.
1) You should consider filing a "response to Plaintiff's Objection and request for additional time" and in that motion you need to explain to the court your injury and your medical condition and how it is precluding you from proceeding quickly as you should.
2) In your response you need to explain to the court your medical condition and attach medical proof of your situation to support your motion. Most courts are understanding of emergency medical conditions and will agree to granting you additional time and in your medical documentation you need to have your doctor state about how much time it will take until you are able to continue to pursue your matter.
Customer: replied 2 months ago.
Should I write two motions separately on the answer to the objection motion he wrote and objection to the additional attorney fee?.
The Court date is set on short Calendar for July 6th. should I just write one motion for extension of time to be given time to respond to these two motions when I feel better or what should I do?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Yes, if he filed them as two separate motions, you should write two different objections. If you cannot make the short setting because of your health condition you need to file a motion for continuance based on your medical condition and file it as soon as possible as well as a motion for extension of time to file your objection on the other two motions (You can file one motion for extension of time to file your objections and just mention both motions and say it is for good cause of your health condition and include the proof from the doctor).
Customer: replied 2 months ago.
Should I say objection to the plaintiff's objection to defendant's motion to set aside and reconsideration?
Another thing is that the Judge denied my motion to set aside and reconsideration before I reclaimed it the last time and before the plaintiff filed it's objection motion. it is on Connecticut judicial Website, but was never mailed to me. I don't know if that was a mistake as the motion was never marked.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
It would be "Defendant's Reply to Plaintiff's Objection"
You need to check with the clerk about the denial of the motion, because the court could have indeed denied it before the objection and reclaiming on its own initiative and the denial could have crossed paths with the Plaintiff's objection. So you need to clarify that with the clerk.
Customer: replied 2 months ago.
Is it necessary for me to reply to the plaintiff's objection motion and motion for counsel fee? If not what should be my next move.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
No, you do not have to reply to their objection to the motion, but if they are asking for attorney's fees you must reply to that motion.
Customer: replied 2 months ago.
What should be my objection to the motion for additional attorney fee by Law? I know that I read in the Connecticut professional code of conduct sometime ago that attorney should not be paid for the time spent for his fee. He is fighting for his own fee right now not for the plaintiff's fee.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Your argument would be that he does not deserve the fees for whatever reason you are claiming, such as he did not do any work on the case for the fee or he is over charging based on the work done and complexity of the work or he is trying to double bill.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for you posting the new question However because other experts do not respect professional courtesy when they know a question is for a particular expert, unless you put my actual NAME in the subject line to indicate it is for me only, other experts will step in.
I have closed that question, if you would please post again and in the subject line of the question, please type "For Law Educator ONLY..." Do not go back to the other question if you would like me to assist, open a new one. Thank you.
Customer: replied 1 month ago.
I opened two new questions and it seems like you do not remember my issues. For about four years now it has never been a problem following this case. It is going to be hard to open a new question each time I want to ask a question on this ongoing case. It was easier when we could rate a question and just ask the next one right next to it. You were mistaking me for the plaintiff in the new question and mistaken my case for foreclosure case also. I came back here to quickly ask this question because the time is going against me, then I can ask the followup question as a new question.
Remember my case of the plaintiff billing for work not done and him and his attorney fabricating invoices and my counterclaim was not heard. The case went through appeal and my petition for certification was denied. I was thinking of filling to US Supreme court and you advised me to go to US district court because of the due process issues. Then we later conclude to file for permission to sue the State/ Court, which I have not done yet. The plaintiff then filed a motion for attorney fees and I objected to it. Judgement was giving to the Plaintiff and you advised me to file motion to set aside and reconsideration and judgment was giving to the plaintiff on that also even though it was not marked or heard. I just received that judgment in the mail 14 days after the judgment was given.
The question that I asked as a new question was. What do you advice that I do next. transfer the case to the US district court or file an appeal?
Remember the original case went through appeal this is a motion for counsel fee and attorney fee.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply. Sorry, it is just sometimes with time and the large number of customers we may get confused and I do apologize.
You need to first appeal the decision of attorney's fees on the state court level and exhaust those appeals. Then if there is a due process ground that is a constitutional issue that was not adequately addressed by the state appeals process, that is the only way you will get it into the federal system and realize that usually only about 1% of cases filed to the US Supreme Court are even entertained and most are simply dismissed without opinion so your chances going to the US courts are really low.

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