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ok, i need a third opinion on a matter. I have one lawyer that

said one thing, another that...
ok, i need a third opinion on a matter. I have one lawyer that said one thing, another that said the opposite. Both have a perfect record of being right with anything Ive asked. So i need a tie-breaker before i file something foolish or forgo filing something that could be of great help to the case.

Ok, a false affidavit filed by a defendant in my case months ago, but not in my case, but the lead case (mine is tied to that case for pretrial purposes because the defendants demanded it be connected against my wishes) is still causing many stalls in the case that is affecting both cases, as it has caused delays while the other party finds new lawyers (3 times now). I am tired of this affecting my case and I loathe the fraud perpetuated in this case.

I want to attack that affidavit. WHen asked if i could motion to strike the affidavit, even though it was filed 6 months ago, and if i could file sanctions versus the fraudulent parties, one attorney said this " If it is YOU who are being impacted by the fraudulent affidavit in the way that it is delaying the proceeding unnecessarily, then you can file the motion even now after 6 months. The other plaintiff can also join in on filing the rule 11 now, since fraud is always able to be raised in court, and seek sanctions. A rule 11 is not the only thing you can file, but it is the most appropriate. You can also file a motion to strike the affidavit based on fraud, the result is pretty much the same and the affidavit gets removed and you can ask for sanctions."

However, top gun attorney #2, who i greatly admire also, said no, i had no standing to do either of the above. Thus, i would like to see if anyone can help me sort this out before I file or dont file to the detriment of a noble charitable legal cause ive been fighting for a year!! thank you very mucho!!!
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Answered in 31 minutes by:
7/11/2013
Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 58,126
Experience: Licensed attorney helping individuals and businesses.
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If the affidavit was not filed in your case, I see no basis to attack it in your case.
If the affidavit was filed in your case, you may file an opposition to it, to the extent there is a pending motion to which it corresponds. Courts, as a practical matter, dont favor striking documents and deal with objections to them to the extent one seeks to introduce them as evidence at trial. If not the case here, I would avoid burdening the court with it.
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Customer reply replied 4 years ago

there are many factors i haven not listed here that compel me to address it if at all possible. The factors, too numerous to address here, may be what the other lawyer saw that caused him to believe i could file. Id rather not go thru the 4 pages of reasons again.


 


Forgetting for a moment about burdening the court as this court likely WANTS this error addressed, as it would give her a way out that wont later embarrass her in appeals and she KNOWS i am gunning for appeals anyway (lets just say the court has waited 4 months beyond the deadline to amend for me to file an amended complaint because it knows it owes me one and it surely wont mind me doing this, IF it is possible at all ).


 


 


Are you saying that, even though my case is connected to that other case for pretrial purposes, and is affected by the stall caused by the fraud, that i can neither motion to strike the affidavit (and/or the motion) or file a rule 11 ?


 


The reason i think maybe I DO have standing for the rule 11and the motion to strike, is because i filed a motion to strike this months ago, and only withdrew it when the lawyer who got spooked by my actions, served me a laughable rule 11 and a motion to strike my motion that did not list that I had no standing. He has since left this case, but not before BEGGING me to stipulate to have it struck. My religious beliefs caused me to concede (foolishly i now must admit. I wont do it again). So at least that lawyer seemed to think I did have standing to do so, even though i filed it 6 months after the ruling on the affidavit that the judge surely now knows was a HUGE EMBARRASSING error on her part. (complicated, but it has to do with wiretap laws and improper precedent that has since been overturned).


 


 


So I remain confused. If i have shed further light on this situation that has changed your opinion - or strengthened it - please let me know either way.


 


However, if it has instead added little light, please release the question for another attorney to take a stab. Thank you very much, either way.

Was the affidavit filed in connection with a pending motion?
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Customer reply replied 4 years ago

the affidavit was filed to bolster a " joint motion to disqualify counsel" in that case, which is now the LEAD CASE which my case which was dragged into that state by the same defendants after it was removed form my state...in the affidavit, the defendants claimed (and incredibly the judge bit into this) that the lawyer (a noble practitioner who he knew would be the oNLY lawyer in that city he owns, that would defeat his wealthy family in court) had given him advise about his divorce for $1, and that he had to be disqualified to represent his ex wife against him in this case (she is the plaintiff in the connected case). The judge erroneously overlooked the fact that , even if that laughable fraud was true, that this lawyer only gave him advice to the legal aspect of this case (the purchase of spyware) but nothing relevant as to the illegal portion (the illegal USE of the intercepts in her divorce case). And so any testimony he could be asked to give, would not affect punitive damages, as he was not present when the line was crossed, into the illegal world, that now turned his LEGAL use of spyware, into the ILLEGAL and in-actionable use of the fruits of that legal use.


These and many more are some of the details i was alluding to.

Is that motion still pending?
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Customer reply replied 4 years ago

no, that motion was last april. The judge disqualified the attorney at the time - reasoning that he would be called to testify in this case, and so couldn't be a representative of the plaintiff. That sip sailed long ago. However, when i last filed a rule 11 on the topic, and a motion to strike, it was 4 months ago. If these motions were out of line, the attorney, who was visibly nervous that I had taken these actions, would have kjsut let it slide, and laughed while the judge spanked my pro se butt out of court. he didnt, he panicked, threatened to file a rule 11, and filed a motioni to strike. When he saw I was unmoved about the rule 11 and ddint care about his threats, he then began to beg me in emails to withdraw it . I then agreed to strike it - AFTER he left the case. He did, and was very appreciative of the mercy.


 


 


However, now that the same situation cropped up, that another stall has occurred because of that affidavit, I am going to file this again. BUT, i want to make sure i have standing. Even though it seems I do, cuz that attorney would have mentioned something about my lack thereof, I am now concerned, because this lawyer who is like the MONEYBALL (always good) - and is never wrong - says I dont have standing. But he may not have had as many facts as the first one. ALthough another greta lawyer on here said I do (the quoted material form the first post)


 


So basically, if you can see ANY reason i might have standing, thats all i need, because i think I do as this case is an anomaly in too many ways to explain (for one thing I have been suing an NSA developer of spyware intercept for a year. Despite the fact that no one has ever gotten a ruling versus a spyware maker, I got one, which shook them to the core that a pro se did that) . SO this should be viewed in a different light than most cases, I think.

If the motion is not pending, I see no procedural basis for moving as to that affidavit. Courts dont strike affidavits filed with a motion that is no longer before it. If they seek to introduce it for trial or a later motion, then you may object.
Infolawyer
Infolawyer, Attorney
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Customer reply replied 4 years ago

ok, perfect, they will seek to introduce it , for a variety of reasons, and then Im golden!!!! Thank you very much!!!

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