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Topic: Civil Case _ Title 42 sec 1983

Created on: 08/03/19 02:10 PM

Replies: 43

SUZANNE7


Joined: 05/14/19

Posts: 17

RE: Civil Case _ Title 42 sec 1983
10/10/19 1:40 AM

this is lay advice (from the course)
did your request for admissions and interrogatories result in defense admitting your ultimate facts? then these are admitted into evidence, or introduce your admissible evidence, get it admitted
then file a motion for summary judgment for all counts with memoranda of citations and explanation why your evidence proves the elements
set it to hearing
since opposition did not dispute any of the facts admitted into evidence (they must be admitted first) the court should not waste time deciding the facts, they are already decided...
make sure your facts are ultimate facts, only those which prove the elements of your causes of action (look up those elements and find appellate case law and laws which support),
then go to your hearing with a court reporter and argue that there is no reason for trial, your evidence was admitted and proved all the elements
* Last updated by: SUZANNE7 on 10/10/2019 @ 1:42 AM *

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
10/18/19 12:26 AM

Hmmm, I did get the interrogatories back, I submitted them to the clerk but they sent me an email saying that it is discovery and they don't enter discovery into the case.
So now I have to figure out how to get the answered questions into the case. Not sure if I should try a Notice of Presentment or just enter them as evidence.
Discovery deadline is over, so I cant get any more info.

Are there any document examples in this course that show how to write and format an admittance of evidence ?

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STEVE15


Joined: 06/13/18

Posts: 14

RE: Civil Case _ Title 42 sec 1983
10/18/19 9:14 AM

You reference them in your brief (or whatever you are doing).
Example - Joe shot the cow and then ate it. (exit B Dep of Joe page 3 line 7-9)
You attach your deposition as an exhibit (or part of that depositions with the first page, page referenced and the last page/certification.

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
10/20/19 3:42 AM

Wondering about something... can someone who does not have a legal degree be issued legal licence to authorize legal documentation ??
and not have an oath of office?

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
11/19/19 8:34 PM

well I was going to write up a motion for preliminary judgement but I come to find out that I'll have to write up a statement of undisputed facts...then a motion...then a brief on the motion... then a certificate of compliance, and that is IF the defense objects to it. If they agree then I also have to write up an order and email it to the judge.

I cant find any one to help me put all this together and its so irritating and I'm running out of time.

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SUZANNE7


Joined: 05/14/19

Posts: 17

RE: Civil Case _ Title 42 sec 1983
11/19/19 9:27 PM

All of that is in the notes by Dr. Graves, but it's called I think a motion for summary judgment.
Just follow his guidelines, he even has the order for you to follow.

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ANITA7


Joined: 10/02/19

Posts: 3

RE: Civil Case _ Title 42 sec 1983
11/25/19 5:02 AM

Has anyone here won any cases so far? Just wondering how well these tactics are working

Anita Novak

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
11/25/19 6:59 AM

well for me , I had already studied for 2 years how to file a 1983. I was all ready 6 months into my case before I joined. I joined up to get more procedural know how, I didn't need any legal advice. I was expecting a huge amount of people on here sharing stories, showing awesome strategies they used, helping each other out, making sure that each others fire dont burn out, ect... I have noticed that these forums have people coming in and asking questions that might get answered and might not. some threads have people just on fire but the thread dies out for lack of help. A lot of work has gone into this web-site but it needs to be updated with more stuff. For some one just starting out this site is good, it has a lot of info.

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Civil Case _ Title 42 sec 1983
11/25/19 7:55 AM

TULLY1 ...
My apologies. I did not see your posts until this morning. My wife and I have been traveling and out of internet range much of the time. We will be back home this coming weekend, and I will try to monitor the forum more going forward.
As for procedure, you will find that procedure and evidence tactics taught in the course are the same for 1983 cases as they are for any and all other cases, and I hope you will avail yourself of the classes in my course to maximize the impact of your attack.
If you can stay out of federal court, you are strongly urged to do so. Go to YouTube and search for "Appointed Forever song" and listen to the song. It was done by a group of lawyers in Austin, Texas. May seem a silly song, but it speaks volumes about why one should ALWAYS try to keep their case in the state court system rather than enter the complex fray that is the federal system where judges are "appointed forever".
Hope this helps some.

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Civil Case _ Title 42 sec 1983
11/25/19 8:02 AM

ANITA7 ...

Just please click the yellow TESTIMONIALS button to read the comments of people using the course and winning cases. All of those are real people, and there are so many new reports coming in every week that we haven't time to put all them into the database. The tactics in my course WORK for those who do as the classes teach, and they will work for YOU, too. Just do your best to work through all the classes in the MAIN MENU. Thanks for subscribing, and please tell others about my work.

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
12/17/19 6:56 AM

.... OK, here is a quick update... We went through the summery judgement filing time ... but me nor defendants heard from the judge.. on ether motions.

we have a scheduled pre-trial conference this Thursday and I hardly have my documentation done..

Pre-trial order is due on the 2nd.

I was wondering about something I heard, this case is operating as a Court of Record (common law) and has been since it started. The defense attn. have been defending with their state, fed., and Uniform Interstate family support act statutes....

I heard that you can't defend in one jurisdiction when the case is operating in another.
if this is true then the IV-D defendants Attorney have been defending in a common law court jurisdiction using maritime statutory jurisdiction.

Do I understand that right???

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Civil Case _ Title 42 sec 1983
12/17/19 7:35 AM

TULLY1 ...

Please rely on the information in my course and not what you "heard" from others unless it agrees with what I teach. Your opponent has been brought under the jurisdiction of the court you are in, and you have power over that opponent in that court.

Are you in state court where you can set your motions for hearing? Or did you file in federal court contrary to what my course teaches about the difficulties federal court imposes?

Go to YouTube and search for "Appointed for Life", a musical piece that will teach you why one should always avoid going to federal court unless there are absolutely no other options.

Hope this helps.

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