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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39149
Experience:  Retired (mostly)
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I'm a bit stumped because I'm not sure what Pro Se motion or

Customer Question

I'm a bit stumped because I'm not sure what Pro Se motion or petition to file with court. I filed for a TRO for harassment against former Director/Chairman of Employer, who I replaced in April upon resolved vote, suspension, and removal by Control Stock Committee of Board. Former director continued to purport himself as a Principal of company since his forced leave of absence notice in April and removal in June. Despite the Corporation records filed with the State the SEC is still demanding the following:"We will provide access codes and reactivate the company’s CIK number to allow future SEC filings if we receive one of the two following documents:
1. An executed written agreement between the disputing parties identifying who has authority to file on behalf of the company; or
2. A copy of a determination by a court of competent jurisdiction that identifies the person or persons who legitimately have the right to file on the company’s behalf.Until we are provided with one of those two documents, EDGAR will not receive nor process any filings by Corporation."
##I'm trying to file a Pro Se motion since I do not reside anywhere near location my employer is located. I'm looking up legal actions as "declaratory judgment'", "declaratory relief", and "judicial determination". I'm not sure which one suits me (as the employee/director) best. Do I simply file a petitioner/motion Pro Se and provide copies of certified copies of Corporation records with State (which include signed Board Resolution electing me and removing former Chair), my employment agreement signed by Board, Leave of Absence Notice to former Chair/Director, and the cease and desist letter to former Chairman with the anticipation that the judge will make a favorable determination due to subjective fact made by the exhibits? Please advise. This issue has placed a severe holding pattern on our tiny medical research company.
Submitted: 2 months ago.
Category: Employment Law
Expert:  socrateaser replied 2 months ago.

Hello again. Sorry for the delay, but I've been dealing with real-world clients this week.

A "motion" is a request for a court order that is filed after the initial petition/complaint is filed in court to start the case. Were I representing you in court, I would file is a complaint for declaratory and injunctive relief and ask the court to declare that you are the duly elected corporate CEO, that the former CEO has been removed from office, and for an injunction prohibiting the former CEO from continuing to manifest to the pubic that he/she represents the corporation in any manner whatsoever.

Unfortunately, a corporation cannot be represented by a corporate officer in court without an attorney, licensed to practice law by the state in which the action is filed. So, while I understand that the very last thing that any Justanswer customer wants to read as an answer to their question is the statement: "Hire a lawyer" -- in this particular circumstance, your only recourse to resolve this matter is to hire legal representation for the corporation. Otherwise, if you file the action, pro se," the court will strike the entire complaint from the record as an attempt to engage in the unauthorized practice of law (which, in some U.S. jurisdictions is a criminal offense -- though I doubt you would be prosecuted for the honest mistake).

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Expert:  socrateaser replied 2 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!