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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If Ely is available, please refer question to him, thanks.

This answer was rated:

If Ely is available, please refer question to him, thanks.

In any event, this is in reference to a Probate settlement in Colorado.

My husband and myself are beneficiaries, along with a Common Law Wife, of assets in our son's estate. We are submitting Objections to the Court to 5 documents petitioning for a Final Settlement. Both of our names are XXXXX XXXXX documents. We will submit the objections and sign both our names. However, we wish for just myself to attend a prehearing conference and Hearing, which are already scheduled in May.

Ely said it would not be accepted by the Court to use a Power of Attorney, authorizing me to represent my husband at the Hearing. Ely did not suggest any other method of accomplishing such an arrangement. Please suggest what we can do to have just me make the Court appearances.

A friend of my husband's thought we could submit a request to the Court for me to act as Representative for the xxxxxxs (my husband and myself). Is there a term for this? Is there a format for this request? If so, can you outline it for me?

What do the terms Pre Per and Pro Se mean?

Also - at the top of the Objections, which we will submit - I have written:
"Representing their own interests pro se"

(followed by our names and address)

is this correct..........if not, what is?
Hello again friend. I hope you are well this evening. My apologies for the wait, as I was away.

A friend of my husband's thought we could submit a request to the Court for me to act as Representative for the xxxxxxs (my husband and myself). Is there a term for this? Is there a format for this request? If so, can you outline it for me?

I am sorry to say that I have to stand by my original answer. The reason why you cannot represent someone else in Court is because only a licensed attorney can represent someone else in Court. See here, and here.

Ely did not suggest any other method of accomplishing such an arrangement. Please suggest what we can do to have just me make the Court appearances.

There really is no other way for you to represent him. However, there may be a way for him to still appear. This is called a TELEPHONIC HEARING. If he needs to appear but cannot due to some matter, then he can file what is known as a Motion for Telephonic Hearing and ask the Court to allow him to appear via video/telephone. This is wholly and completely within the Court's discretion.

If such a motion is filed, then once it is filed, the clerk should be contacted and asked to give this matter to the Judge to consider in camera (without a hearing). Most of the time, such motions are. If the Judge allows it, he can "dial in" at the time.

Sample motion below:

MOTION FOR TELEPHONIC HEARING

TO THE HONORABLE JUDGE OF SAID COURT:

COME COME NOW (name), Movant herein, and files this, and brings this Motion for Telephonic Hearing and states the following:

1. The hearing for ____ is set for (date).
2. Movant has trouble making it to the Court due to the following (explain).
3. Movant requests therefore that the Court grants him the ability to appear on that time and date via telephone or video -conference.
4. The Court has inherent power to grant said request.

WHEREFORE, PREMISES CONSIDERED, Movant requests this Court to grant this Motion for Telephonic Hearing and that the Court allows him to appear via telephone or video on the setting, and for such other and further relief that may be awarded at law or in equity.

Respectfully Submitted,

Signature

Name
Pro se

(new page)

Certificate of Service
I certify that a true copy of the above was served on each party.


Signature

Name
Pro se


What do the terms Pre Per and Pro Se mean?

"Pro se" means self-representation. "Pro per" means the same thing - these are used interchangeably.

Also - at the top of the Objections, which we will submit - I have written:
"Representing their own interests pro se"
(followed by our names and address)


Yes, this works well.

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Customer: replied 4 years ago.

hello Ely - for some reason I received this information again. As you would know, it is a question and answer that you and I already discussed.


 


However, I did have an urgent topic that I wanted to ask you about on Thursday 4/25. I didn't get you - and even more disturbing, I was asked to pay $60 or more for an answer. I wasn't able to get any response from customer service, to whom I sent a complaint. I prepaid a membership, so I thought I don't get charged during this month...but I can opt to pay more by sending tips. Is that correct? Very sorry I missed you last week. Shirley

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