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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26589
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just came from a "hearing" in court in Stewart County Tennessee.

Customer Question

I just came from a "hearing" in court in Stewart County Tennessee. The Complaint is for Defamations of Character/Libel. I am the Plaintiff. The Defendant defamed me via e-mail and the Defendant lives in another County in Tennessee. The judge ruled that the Stewart County Court was not the proper venue and orderd that the case be moved to Hamilton County where the Defendant resides. I cannot locate anthing that states anything about venue in the Tennessee Rules of Civil Procedure. Secondly, why did the Stewart County Court accept the complaint in the first place if it was not the proper venue? Now I, the individual that was harmed, have to travel to Hamilton County, TN (3.5 hours away) when I, in fact, am the individual that was violated. Everything I have read states that the venue in a situation like this (county to county, as the Plaintiff, I may choose where to file suit. In my research, I found at least four written documents that state that the Plaintiff chooses the venue yet the Judge said to me, "you didn't read the statute did you?" After browsing through the file, he left the court room and was gone for approximatley five minutes. My wife left the court room and saw the judge coming out of the bathroom. He came back to the courtroom and that is when he notified both parties that the defendant's county was the proper venue. There is no way he could have, in that short of a time period, including going to the bathroom, looked up the Tennessee Statute on Venue.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney in Tennessee. Thanks for your question.
Kirk Adams : Venue for actions is not in the rules of civil procedure - - it's a statute.
Kirk Adams : Venue is proper where the defendant resides or where the cause of action accrued/occurred. This would likely make Hamilton Co. the proper venue.
Kirk Adams : As for the clerk accepting the complaint, it must file a lawsuit if it's presented for filing. The clerk can't deny filing a complaint even if venue may not be proper.
Kirk Adams : Also, venue could have remained in Stewart Co. IF the defendant didn't challenge venue.
Kirk Adams : You do get to choose venue, , but it must be proper - - you just can't chose any venue you like.
Kirk Adams : I doubt the judge had to look up the statute - - it's likely dedicated to memory.
Customer:

OK, I guess that explains it. I still don't understand why, since the defamation is a TENNESSE STATE violation, why is it that the "victim" or the harmed individual has to travel out of his way to the court of the tortfeaor? I've been looking all along in the TRCP. Can you tell me how to located the Tennessee STATUTE?

Kirk Adams : What court are you in - chancery or circuit?
Customer:

Circuit - 23rd Judicial District Stewart County TN Circuit Court. I just located TN Code Title 20, Civil Procedure, Chapter 4 Venue - Part 1, Venue of Actions, 20-4-102 District in which tort arose. Section (a) states that when the plaintiff and defendant are both residents of the same county, but reside in different districts withing the venue of separate courts, a tort action MAY be brought in the court within the venue of the DISTRICT where the cause of action arose, and the process may be served in other districts in the county not within the venue of the court. Everything else I have read regarding venue between county and county satated that the Plaintiff chose the county. Further, this individual has intentionally evaded summons service (and this is in the complaint) over seventeen times by the Hamilton County Sheriff's Office and two private servers. All of them provided affidavits that the defendant was intentionally avoiding service. In fact, to this day he still has not been served yet he showd up in court after I sent him my "Motion to be Heard". I guess that is all irrelevant since the statute states otherwise but I still don't understand the idea of "different districts" within the same county. His actions over the internet defamed me statewide and even nationally since GOOGLE picked it up and posted it on GOOGLE. This has been going on for three years and the Defendant has NEVER been served.

Kirk Adams : That's the statute.
Kirk Adams : The cause of action arose where the defendant sent the email from.
Kirk Adams : That is the cause of action.
Customer:

I just noted in defendant's motion to be dismissed reference was made to Title 20 - section 20-4-101 instead of 102. That clarifies the part about "county" al little more. However, I attempted to bring a Harrassment violation against the same defendant in Hamilton County. They told me I had to file in the town of Dover where I reside. Dover would not take the complaint and referred me to the Steward County Sheriff's office. They in turn sent me to the Stewart County Court??? The court sent me to the District Attorney's Office (never heard of that) and the DA sent me back to the Stewart County S.O. Finally the Sheriff himself took my information, took it to the DA and the case was denie.d Is that the "run around" or what. I spend 33 years of my life in Law Enforcement and have never seen anything like this in my life.

Customer:

I know I am only beating a dead horse. I guess I will have to wait to hear from the Hamilton County Court. Thank you for your assistance on this matter. Back to the waiting game.

Kirk Adams : That's the "catch all" statute, that says you file in the county of the defendant.
Roger, Attorney
Category: Legal
Satisfied Customers: 26589
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 5 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

I don't know if going to reach you directly Mr. Adams but, first of all, thank you for your assistance. I don't want to appear obstinate but I did about three hours of research after the judge told me the Stewart Co. was the wrong venue and then you confirmed it. YES, the Tennessee CODE states something about venue BUT it says, if the two parties live in the SAME COUNTY BUT DIFFERENT DISTRICTS OF THE COUNTY, then the Venue is in the DISTRICT of the defendant. I do not live ins the same COUNTY as the defendant. You know, being a lawyer, how "technical" things can get. At least that is what I have learned over the three and 3/4 years I have been handling my federal suit against the government and this defeamation suit in the Circuit system and Appeals Court. NOWS, on the other hand, the Tennessee RULES OF CIVIL PROCEDURE discusussed VENUE ALSO and Chapter V Rule 18 (b) Multiple Counties, states: If one or more of the ELEMENTS of the offense
are committed in one county and one or more ELEMENTS in another, the offense may be prosecuted in EITHER COUNTY. Of the four elements, element number two "unprivileged publication to a THIRD PARTY" could (?) technically meet that standard. I've defined every word in Rule 18 and Multiple is satisfied because it occurred in more than one county and the number two is divisible by itself or any other number with no remainder so two counties meet the criteria of "multiple". The ONLY catch-all is the definition of COMMITTED - "to carry into action deliberately; perpetrated". SO, TECHNICALLY, the crime was COMMITTED or perpetrated in Hamilton County however I have been beaten (case dismissed without prejudice by slick lawyers and judges who just plain do not want any more cases on their docket and you know that is true as well as I do, agree with the councsel on the technicality and dismiss the case. After thirty three years of law enforcement and
four years of law school I have learned that the American Jurisprudence system is in dire need of revamping. NOW, lets look at "internet crime/defamation" which one article I found the author said that the cours know NOTHING about or veery little because it is so new. Take for example: Susan Scheff v. Carey Bock (can't find the citation itself). Butl, Bock lives in Louisiana and Scheff in Broward County, Florida. Bock defamed Scheff via a BLOG. Scheff won the case in the 17th Judicial District, Broward County and was awarded $11.3 million in damages. Bock appealed and LOST the appeal. I believe (not certain) that the appeal involved VENUE. Bock lost the Appeal becaue BLOGS and internet crime stretch over all states and evene the world. So if my defendant defamed me via internet and I lived in San Francisco, SURELY they are not goin to make me come all the way from Frisco to Chattanooga to defend my case??? MY DEFENDANT from
Soddy Daisy (Chattanooga area) defamed me on the internet SEVERAL time, alot more than this current complaint. Further, he put the same information about me on three national websites AND GOOGLE picket it up and it went "worldwide". In his initial defamation he had a co-consipirator who was the owner and proprieor of one of the websites and he lived and operated that site out of Missouri. After my initial case in Stewart county was dismiss for the statute of limitations (one year), I moved it to Nodaway County Missouri where the owner of the website resides and the website is housed and the Nodaway Count Circuit Court took the case. My defendant NEVER responded to any of the summonses and in fact, he has never yet responded to the summoses issued from the Stewart County Tennessee Court. He simply had a lawyer friend of his draw up a motion to dismiss (I know that for a fact) and a motion to dismiss is not considered a "response" motion, and
the judge dismissed the case based on that one motion. I can also show that the attorney has done more legal research and written at least two motions to dismiss for the defendant who is a "pro se" litigant like me and the amount of help that he has obtained from this attorney plus claiming he is pro se, is a violation of legal ethics. I have done everything according to the legal system except I could not locate the Tennessed Codes. I, instead, depended on The Tennessee Rules of Civil Procedure, which, in my opinion, are the correct principles in this case because it speaks to COUNTY and not DISTRICTS within one county. When one files a case in federal court, he relies on the FRCP, not the federal CODES (if there are any). Thus, given the wording in the TN Code and the wording the TRCP and the fact that it is a cyber/iinternet crime, I honestly feel the courts decision was in fact, incorrect.

Customer: replied 12 months ago.

I don't know if going to reach you
directly Mr. Adams but, first of all, thank you for your assistance. I don't
want to appear obstinate but I did about three hours of research after the judge
told me the Stewart Co. was the wrong venue and then you confirmed it. YES, the
Tennessee CODE states something about venue BUT it says, if the two parties live
in the SAME COUNTY BUT DIFFERENT DISTRICTS OF THE COUNTY, then the
Venue is in the DISTRICT of the defendant. I do not live ins the same COUNTY as
the defendant. You know, being a lawyer, how "technical" things can get. At
least that is what I have learned over the three and 3/4 years I have been
handling my federal suit against the government and this defeamation suit in the
Circuit system and Appeals Court. NOWS, on the other hand, the Tennessee RULES
OF CIVIL PROCEDURE discusussed VENUE ALSO and Chapter V Rule 18 (b) Multiple
Counties, states: If one or more of the ELEMENTS of the offense
are committed in one county and one or more ELEMENTS in another, the offense may
be prosecuted in EITHER COUNTY
. Of the four elements, element
number two "unprivileged publication to a THIRD PARTY" could (?) technically
meet that standard. I've defined every word in Rule 18 and Multiple is
satisfied because it occurred in more than one county and the number two is
divisible by itself or any other number with no remainder so two counties meet
the criteria of "multiple". The ONLY catch-all is the definition of COMMITTED -
"to carry into action deliberately; perpetrated". SO, TECHNICALLY, the crime
was COMMITTED or perpetrated in Hamilton County however I have been beaten (case
dismissed without prejudice by slick lawyers and judges who just plain do not
want any more cases on their docket and you know that is true as well as I do,
agree with the councsel on the technicality and dismiss the case. After thirty
three years of law enforcement and four years of law school I have learned that
the American Jurisprudence system is in dire need of revamping. NOW, lets look
at "internet crime/defamation" which one article I found the author said that
the cours know NOTHING about or veery little because it is so new. Take for
example: Susan Scheff v. Carey Bock (can't find the citation itself). Butl,
Bock lives in Louisiana and Scheff in Broward County, Florida. Bock defamed
Scheff via a BLOG. Scheff won the case in the 17th Judicial District, Broward
County and was awarded $11.3 million in damages. Bock appealed and LOST the
appeal. I believe (not certain) that the appeal involved VENUE. Bock lost the
Appeal becaue BLOGS and internet crime stretch over all states and evene the
world. So if my defendant defamed me via internet and I lived in San Francisco,
SURELY they are not goin to make me come all the way from Frisco to Chattanooga
to defend my case??? MY DEFENDANT from Soddy Daisy (Chattanooga area) defamed
me on the internet SEVERAL time, alot more than this current complaint.
Further, he put the same information about me on three national websites AND
GOOGLE picket it up and it went "worldwide". In his initial defamation he had a
co-consipirator who was the owner and proprieor of one of the websites and he
lived and operated that site out of Missouri. After my initial case in Stewart
county was dismiss for the statute of limitations (one year), I moved it to
Nodaway County Missouri where the owner of the website resides and the website
is housed and the Nodaway Count Circuit Court took the case. My defendant NEVER
responded to any of the summonses and in fact, he has never yet responded to the
summoses issued from the Stewart County Tennessee Court. He simply had a
lawyer friend of his draw up a motion to dismiss (I know that for a fact) and a
motion to dismiss is not considered a "response" motion, and the judge dismissed
the case based on that one motion. I can also show that the attorney has done
more legal research and written at least two motions to dismiss for the
defendant who is a "pro se" litigant like me and the amount of help that he has
obtained from this attorney plus claiming he is pro se, is a violation of legal
ethics. I have done everything according to the legal system except I could not
locate the Tennessed Codes. I, instead, depended on The Tennessee Rules of
Civil Procedure, which, in my opinion, are the correct principles in this case
because it speaks to COUNTY and not DISTRICTS within one county. When one files
a case in federal court, he relies on the FRCP, not the federal CODES (if there
are any). Thus, given the wording in the TN Code and the wording the TRCP and
the fact that it is a cyber/iinternet crime, I honestly feel the courts decision
was in fact, incorrect.


 


Sorry Mr. Adams: forgot - there is also
the term "INTERPRETATION". That's another term that can boggle down the legal
system. It certainly has boggled down the U.S. Naval Records Department where
the Navy-Marine Corps Awards Manual that was developed during the Korean War is
still being used today. Yes there have been some modifications, but overall, it
is exactly the same. And, five people can read ONE PARAGRAPH of SECNAVINST
1650.1H and come up with five different INTERPRETATIONS. Old, outdated, and
VERY, VERY AMBIGUOUS!

Expert:  Roger replied 12 months ago.
The rules of civil procedure deals with how the case procedure must be conducted; the Tennessee Code pertains to substantive law that the court applies to the facts of the case.

The reason the defendant's county likely is the proper venue is because that's where the actions occurred. Obviously, defamation that occurs online can be seen anywhere in the world, but the act of uploading the defamatory information is the operative fact. That's likely why the court ruled as it did.
Roger, Attorney
Category: Legal
Satisfied Customers: 26589
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 5 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

And Sir, that is one of the many "technicalities" and "interpretations" that I am referring to. The legal system is full of them. I often wonder if way back I should have hired an attorney because I have learned that judges DO NOT like pro se litigants. You know the saying: a man that represents himself is a fool. But, I am too far into it now and it has cost me just about as much as it would have if I had hired an attorney. Bad part is, I HAVE contacted a few, at least three, and guess what their response was: I don't handle defamaton cases. I have a response to that but I don't want to be negative toward you because you appear to be a fine, reputable attorney. But you have to admit, many are out there just to take on the accident and divorse cases. Simple, quick, and very rewarding. I actually contacted an attorney in Chattanooga yesterday becaue I was so frustrated. I figured if he wasn't going to charge me too exorbitant of an amount I would take him into court with me in Hamilton County. I got a response back in less than five minutes. Sorry, I can't handle your case. I don't do defamation cases. Even more difficult is to find a lawyer to represent you in federal court against the government. WHAT??? Federal Court. You must be kidding. Too much work and preparation. I know I am cynical but I have beem fighting these two battles since 2006 and the only impression I have gotten is that NO ONE WANTS TO HELP!!! I have yet to be heard by a third, unbiased party in either case. Is that the real justice system in America? I've worked my a** off since the day I was twelve and I have accomplished many things and I've been very successful and above all, I am an honorable man. You know what all that means.....NOTHING!!! Society has changed from those with pride to what I call TAKERS. There is no justice anymore, at least not for the "good guy". The constitution is supposed to help all citizens but all it does is protect the guilty. And that is my experience since the sixties when I was spat upon when I returned from Vietnam as a Marine War veteran, twice wounded with a Bronze Star. Sorry I got off the real topic but I am, as you can see, VERY FRUSTRATED at this point.

 

I understand what substantive law is but my response to your point about the difference between the "codes" and the TRCP is this: Why is it that they contradict each other. That is a little on the ludicrous side don't you think. I am a thinker and I think everything out in detail. It does not make sense to me that there would be again "technical" differences between the same state's codes and rules of procedure.

 

I know I didn't ask you a question. I just started a conversation but I took up your valuable time so I am willing to pay the fee for this conversation. Thank you for listening.

Customer: replied 12 months ago.

I just rated you excellent and paid the $36 fee via pay pal. Thanks for listening.

Expert:  Roger replied 12 months ago.
Hi Frank - thanks for your kind words, and I really appreciate you allowing me to assist. If you need anything further, please let me know.

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