Opp Counsel is claiming I am not of sound mind, Does it matter in Civil issues or

[conflict101]

What is the name of your state (only U.S. PA

This is a small claims matter that I prevailed on but the defendant appealed. I got the appeal dismissed but now they are attempting to reinstate. He has had counsel, I decided to go at it alone and so far have been sucessful on every issue. The amount in question isn't enough for me to justify legal expenses and I figure better to try myself then to do nothing and automatically lose. This mind frame is not for everyone. Well, The opposing counsel filed a legal memorandum in support of their position and then proceeded to tell the judge that I was erractic, disoriented and that I basically was not of sound mind.

I submitted my legal memo outlining my side and asked the judge to please remove any reference to me not being of "sound mind" from the record unless the opposing counsel can prove they are experts in mental and psychiatric disorders.

My question is, I suppose it makes a difference in a criminal case, but really can the lawyer imply that I am not of sound mind for a civil issue? Do I have to prove that I am competent in order to defend my position?

 

[latigo]

What is the name of your state (only U.S. PA

This is a small claims matter that I prevailed on but the defendant appealed. I got the appeal dismissed but now they are attempting to reinstate. He has had counsel, I decided to go at it alone and so far have been sucessful on every issue. The amount in question isn't enough for me to justify legal expenses and I figure better to try myself then to do nothing and automatically lose. This mind frame is not for everyone. Well, The opposing counsel filed a legal memorandum in support of their position and then proceeded to tell the judge that I was erractic, disoriented and that I basically was not of sound mind.

I submitted my legal memo outlining my side and asked the judge to please remove any reference to me not being of "sound mind" from the record unless the opposing counsel can prove they are experts in mental and psychiatric disorders.

My question is, I suppose it makes a difference in a criminal case, but really can the lawyer imply that I am not of sound mind for a civil issue? Do I have to prove that I am competent in order to defend my position?

The court won’t give any heed to that silliness so ignore it.

But have you thought of:

“I know you are, but what am I?”

 

[Just Blue]

Px Hx**************....

 

[conflict101]

LOL, yes lat. I just did a reply memo and the judge has the file so they requested oral argument. If I could upload the court docket on this case to here I so would because if you saw the screw ups you would get a real chuckle... Oh and Blue meanie my past history has no reference on my current case. Thank you...