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Opposing parties attorney does not serve copies of pleadings to other parties

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Rexlan

Senior Member
I have filed a civil contract case in Georgia against 2 parties. I Live in Virginia about 300 miles away from the Georgia court. I am a pro se litigant; however, I have a coach. Cost is an issue so I have chosen to represent myself. I am educated and I am not a crack pot.

Problem and Question: I properly filed my action in Georgia Superior Court. The Clerk neglected to advise me of "special" requirements for pro se litigants and my documents were returned. I signed their "special" form and returned the documents for filing. They were filed and the parties have been served. Proof of service has been entered.

At the expiration of the 30 day period I telephoned the Clerk and was advised that an answer had been filed and that a motion to dismiss with a Rule Nisi had been filed. I think the Rule nisi is a notice of hearing that I will have to physically attend.

I have not received any correspondence or documents from the defendants attorney. I believe the rules state that all parties are to receive copies of all filings. It is well beyond the time allowed for mailing. I have asked the clerk for additional information; however, they have declined stating that they are not allowed to say anything.

I also asked for copies from the clerk and they have refused. They advised me that I must identify, in writing, what documents I wish and pay for them. Since I do not know what has been filed I can not identify or caculate the cost to obtain them.

How can I notify the court of this?
Do I need to prepare some form of motion to compel, a notice or just how to proceed on this issue?

Any help will be appreciated ....

Rex
 


I AM ALWAYS LIABLE

Senior Member
Rexlan said:
I have filed a civil contract case in Georgia against 2 parties. I Live in Virginia about 300 miles away from the Georgia court. I am a pro se litigant; however, I have a coach. Cost is an issue so I have chosen to represent myself. I am educated and I am not a crack pot.

Problem and Question: I properly filed my action in Georgia Superior Court. The Clerk neglected to advise me of "special" requirements for pro se litigants and my documents were returned. I signed their "special" form and returned the documents for filing. They were filed and the parties have been served. Proof of service has been entered.

At the expiration of the 30 day period I telephoned the Clerk and was advised that an answer had been filed and that a motion to dismiss with a Rule Nisi had been filed. I think the Rule nisi is a notice of hearing that I will have to physically attend.

I have not received any correspondence or documents from the defendants attorney. I believe the rules state that all parties are to receive copies of all filings. It is well beyond the time allowed for mailing. I have asked the clerk for additional information; however, they have declined stating that they are not allowed to say anything.

I also asked for copies from the clerk and they have refused. They advised me that I must identify, in writing, what documents I wish and pay for them. Since I do not know what has been filed I can not identify or caculate the cost to obtain them.

How can I notify the court of this?
Do I need to prepare some form of motion to compel, a notice or just how to proceed on this issue?

Any help will be appreciated ....

Rex

My response:

When you called opposing counsel and asked for copies, what was said to you?

IAAL
 

Rexlan

Senior Member
I AM ALWAYS LIABLE said:
My response:

When you called opposing counsel and asked for copies, what was said to you?

IAAL
I did not call opposing counsel because I am not sure who that is .... I have not seen any documents, appearance, etc. I just think I know.
 

I AM ALWAYS LIABLE

Senior Member
Rexlan said:
I did not call opposing counsel because I am not sure who that is .... I have not seen any documents, appearance, etc. I just think I know.

My response:

Do you mean to tell me that when you spoke to the clerk, and found out there was a Motion to Dismiss on file, that you didn't think to ask?

Call the clerk back.

IAAL
 
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Rexlan

Senior Member
I AM ALWAYS LIABLE said:
My response:

Do you mean to tell me that when you spoke to the clerk, and found out there was a Motion to Dismiss on file, that you didn't think to ask?

Call the clerk back.

IAAL

Yes I did ask; however, the clerk said they could not tell me anything except captions on documents. The clerk has not been helpful at all.

I had heard from the defendants attorney previously and he tried to blow smoke. I have a valid written contract for the sale of land. THAT attorney said he would not accept process service ... so I am not sure who "the real attorney is"

I would just like to notify the court and get the process off to a better start. I know there are mutual obligations of notice to all parties ... just don't know how to tell this to the court. Need some help on that.

I am guessing, but I would think civil rules are very similar from state to state.

Email: [email protected]
 
M

meganproser

Guest
You said the clerk will give you the captions. The clerk is also allowed to tell you the number of pages for each doc, so that you can send them a check for copies. If they refuse to give you that info ask to speak to their supervisor. If you don’t want to pay for copies of an entire filing, request only the certificate of service that accompanied each filing. You will then see who filed the doc and where they sent YOUR copy.

Your written request for this need not be fancy. Just enclose a one line request for the exact documents you are asking for, with the check or money order.

Are you positive no copies were sent to the address you gave for yourself in your complaint? Any chance that someone else in your household would have signed for certified mail and then failed to give it to you?

Is there any chance the defendants are acting Pro Se?

"Rule nisi" is the term in law used to describe an order that a court issues which is open to the challenge by the people the order affects. In other words, it's a court order that will go on record as accepted by you, unless you file an objection to it.

Has an order been filed or is there just a PROPOSED order attached to the motion to dismiss?

You may want to get a new coach. If the person you are consulting with couldn’t tell you what to do about these problems, I don’t see how they can help you with anything else.
 
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stevek3

Member
Rexlan said:
I have filed a civil contract case in Georgia against 2 parties. I Live in Virginia about 300 miles away from the Georgia court. I am a pro se litigant; however, I have a coach. Cost is an issue so I have chosen to represent myself. I am educated and I am not a crack pot.

Problem and Question: I properly filed my action in Georgia Superior Court. The Clerk neglected to advise me of "special" requirements for pro se litigants and my documents were returned. I signed their "special" form and returned the documents for filing. They were filed and the parties have been served. Proof of service has been entered.

At the expiration of the 30 day period I telephoned the Clerk and was advised that an answer had been filed and that a motion to dismiss with a Rule Nisi had been filed. I think the Rule nisi is a notice of hearing that I will have to physically attend.

I have not received any correspondence or documents from the defendants attorney. I believe the rules state that all parties are to receive copies of all filings. It is well beyond the time allowed for mailing. I have asked the clerk for additional information; however, they have declined stating that they are not allowed to say anything.

I also asked for copies from the clerk and they have refused. They advised me that I must identify, in writing, what documents I wish and pay for them. Since I do not know what has been filed I can not identify or caculate the cost to obtain them.

How can I notify the court of this?
Do I need to prepare some form of motion to compel, a notice or just how to proceed on this issue?

Any help will be appreciated ....

Rex
Sometimes I wonder if some of the lawyers here are living in the same century as the rest of civilization...Look on the Internet. You'll likely be able to look at your case docket online, and a lot of your questions can be sufficiently answered. I registered a past guest account on Georgia's site. It's been awhile, but if memory serves, nearly all of the counties participate and they allow guests to have four hours of access.
 

Rexlan

Senior Member
stevek3 said:
Sometimes I wonder if some of the lawyers here are living in the same century as the rest of civilization...Look on the Internet. You'll likely be able to look at your case docket online, and a lot of your questions can be sufficiently answered. I registered a past guest account on Georgia's site. It's been awhile, but if memory serves, nearly all of the counties participate and they allow guests to have four hours of access.
I used that system initially to find property and UCC filings. I also found SSN's if you can beleive that!

However, It does not have civil case information.
 

Rexlan

Senior Member
meganproser said:
"Rule nisi" is the term in law used to describe an order that a court issues which is open to the challenge by the people the order affects. In other words, it's a court order that will go on record as accepted by you, unless you file an objection to it.

Has an order been filed or is there just a PROPOSED order attached to the motion to dismiss?

You may want to get a new coach. If the person you are consulting with couldn’t tell you what to do about these problems, I don’t see how they can help you with anything else.
Good Morning, and thank you:

Update ... I called a friend and they obtained copies of the filings for me and faxed them.

Certificate of service indicated that they were mailed to me .... they were not .... but I see no way to prove that.

Defendants attorney filed motion to dismiss and a Rule Nisi. The motion is 3 simple statements and the "rule nisi" just says I have to appear at the court .... which is 400 miles away, on date certain. How can I object to this as it serves no purpose except to be a burden on me.

I am originally from Alaska and I have been involved in civil litigation 2 times there. I have never heard of this Rule nisi and I have never had to go to a hearing to show cause. This makes no sense to me. My coach is in Virginia where I am now. This Rule nisi is not used here either. It appears to be a local thing designed by the court for pro se litigants. Is this correct?

I sold a party property in Alaska and have a written sales agreement. The party gave me a bad check for $10,000 as earnest money. There is a criminal case for the bad check issue now.

He claims that since he did not tender the earnest money that the contract is void because that was a condition precedent to the contract. I say that is bunk and I can fight that out in court. The Alaska court (judge friend) quietly advised me that it would be best to file the civil suit in either VA or GA since The AK court would likely require it because of the location of the parties. I agreed and filed it in GA where defendant resides. Not I get this rule nisi business and defendants attorney who apparently knows how to make me jump through a bunch of unnecessary hoops. I know attorney and courts don't like pro se litigants, but I can not afford to peruse this with an attorney ... hence a coach.

So how can I get this court and attorney to play the game normally and get rid of this rule nisi stuff which I do not understand. It does not seem correct that a 3 line statement for a motion to dismiss should require me to travel 800 miles and spend 3 days to chit chat about. There needs to be some argument and discussion which can easily be done by motion and memorandum. How should I proceed on this?

Thanks again
 
M

meganproser

Guest
Has the court signed the Rule Nisi order? Just because the defendant ASKED for a hearing, does not mean it’s been granted.

If the motion is ASKING for a hearing, you need to oppose the motion.

How much time do you have left before the hearing date?
 

BelizeBreeze

Senior Member
Rex, if you can't get the where the case is being heard, and there is this much money involved, don't you think it's time to retain the services of a local attorney?
 

Rexlan

Senior Member
meganproser said:
Has the court signed the Rule Nisi order? Just because the defendant ASKED for a hearing, does not mean it’s been granted.

If the motion is ASKING for a hearing, you need to oppose the motion.

How much time do you have left before the hearing date?
Defendants atty has hand written a form at the clerks desk that says RULE NASI, names the parties and that is it. I have about 20 days left.

It states: The complaint has been read, considered and ordered filed and attached as follows: .....................show cause before the judge at time and date x, why the defendants prayers should not be granted. I know the judge has not read anything.

There is a stamped signature of the clerk ... not the judge. That is the whole document .... GA rule nisi. It is senseless. It also pangs of an attempt to dissuade pro se litigants. I’m sure allot of them are crack pots but this is ridiculous.

The motion to dismiss basically says complaint does not state a claim upon ... relief can be granted. Boiler plate stuff. No reason, nothing. Just this simple statement.

So how can I even respond to something like this?

I can file an objection but what would I object to and for what reasons.

This pangs of court induced BS for pro se litigants. I know how to write and research case law. I understand West’s and Lexus and I have done my research. I am working on a summary judgment now but I just do not understand this rule nisi business.

BelizeBreeze: Not to be negative but I was in business 33 years and I know if I get an attorney that even if I win I will have an empty pocket. That is a simple fact of life and I have seen it time and time again. Starts simple and then it is nickel dime to the tune of $50 per call, etc.
 

BelizeBreeze

Senior Member
The motion to dismiss basically says complaint does not state a claim upon ... relief can be granted. Boiler plate stuff. No reason, nothing. Just this simple statement.

So how can I even respond to something like this?
Without having a complete record of all filings there is no way for anyone to answer you. We don't know on what basis of law you are suing, what damages you are asking and what particular facts comprise the defense.

And that's why I suggested an attorney. by the way, you can ask for attorney fees. Whether they are granted or not is another matter.

And, Based on the answer to the complaint, IS there a claim against the defendent on which relief can be sought?

In other words, did you ask the court to uphold the contract and enforce the payment of all monies due?
 

Rexlan

Senior Member
BelizeBreeze said:
Without having a complete record of all filings there is no way for anyone to answer you. We don't know on what basis of law you are suing, what damages you are asking and what particular facts comprise the defense.

And that's why I suggested an attorney. by the way, you can ask for attorney fees. Whether they are granted or not is another matter.

And, Based on the answer to the complaint, IS there a claim against the defendent on which relief can be sought?

In other words, did you ask the court to uphold the contract and enforce the payment of all monies due?
I have a very good claim and the complaint is very well written and it pleads special damages, specific performance, liquidated damages, et. I will easily win the case.

This is contract law but that isn't the issue I ask for assistance on. I know how to slap the defendant atty's hand about the mailing but I do not know about this rule nisi thing. It looks as though this is being used to make me have to run back and forth to Georgia.

There is a written contract that is time tested and it is clear and concise. There is consideration and time certain to perform. No conditions precedent to the performance.

So, my only question really is this Rule nisi BS for pro se litigants in Georgia.

Attorney fees are seldom awarded in civil cases; however, I have pleaded specially for them based on defendants bad faith. Since I am not an attorney I can not be awarded attorney fees. But, I can consult with an attorney and incur a "cost" which I can in fact collect.
 
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stevek3

Member
Rexlan said:
I used that system initially to find property and UCC filings. I also found SSN's if you can beleive that!

However, It does not have civil case information.
Are you sure? I just now swung over to their site. My guest access is over, but it says it now has civil case information. I'm curious what they have now, because I have some old judgments collecting dust down in Georgia I'd still like to recover. In fact, I'm going to see if I can sign up again without having to pay to register, and I'll see what's there...
 
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