fact or false

[PCNerd]

What is the name of your state (only U.S. law)? AR
Does an Arkansas judge have to respond to motions sent to the court? 9 months and no response to 10 motions, the last motion was filed with the court 3 weeks ago.
This civil case went to trial Trial 10 Critical Defense Motions in some unknown status. The last Motion asked entered grounds to Dismiss as well as hard evidence of criminal actions. the court to delay the trial date as critical Defense Motions were out standing and as such we would not attend Trial and asked date be moved forward to at least 30 days after MOTIONS CLEARED. The nest thing we heard was a Judgement was entered against us, there was no ruling only a judgement. We have never been notified of the results or if they even rule on the motions. They had scheduled a hearing for only 4 of the Motions, to last fifteen minutes before the Trial, the other outstanding 6 motions were never mentioned.

We called the Trial assistant and asked what happened to the Motions as we have never heard a word two weeks after the Trial. She was to call back and never has. How do they get away with this kind of stuff. Is this legal?

Note if you file against a lawyer or Judge in AR everything you submit remains confidential until the board rules and cannot be discussed with anyone or you are charged with contempt.

We suspect the reason they did not want to rule on the Motions is because of the irrefutable evidence that was attached to support the Motions proving my divorce lawyer who set up my decree in such a way that my X and his family nullified the decree. Public records and other data prove “my law firm” was working for X and his family from that day forward. Bizarrely, I had requested the law firm, my divorce law firm to sue my X for breaking the decree and stealing funds, the law firms email response was they could not represent me, they had been representing X and family and would be a conflict of interest. This was noted in several of the Motions as well as other documents, we even found the lawyer, had used his expired notary stamp on many public documents for X et al, that were part of the scheme to steal my business.
No lawyer in Ark will not touch this case nor the media and I haven’t a clue what to do. The media “was interested as it seems a terrible thing”, but editors shut it down when they realized they had supported several of these people and endorsed them for office. What now and does anyone know of honest media or women’s advocates that might help?

 

[Ronin]

... (asked) the court to delay the trial date as critical Defense Motions were out standing and as such we would not attend Trial and asked date be moved forward to at least 30 days after MOTIONS CLEARED. The next thing we heard was a Judgement was entered against us, there was no ruling only a judgement.

If you had complaints that your motions were not properly addressed, there are strict procedural requirements to address these. You cannot dictate your own requirements, as was done here. If the court did not reschedule trial and you were a no show, then the default judgment entered against you is valid, and your case is screwed beyond repair.

If this was the result of your having litigated part of this case without an attorney, it is understandable why no attorney would want to touch this case at this point. Don't hold your breadth waiting for the Arkansas judicial or attorney review boards to take any action against anyone in this case. Most of these boards are a joke.

I am not unsympathetic to your problems, but it appears this case has now been dug into a hole which no one will be willing, much less able, to do anything about. It may be time to let it go, knowing you gave it your best shot, and move on...

 

[HomeGuru]

What is the name of your state (only U.S. law)? AR
Does an Arkansas judge have to respond to motions sent to the court? 9 months and no response to 10 motions, the last motion was filed with the court 3 weeks ago.
This civil case went to trial Trial 10 Critical Defense Motions in some unknown status. The last Motion asked entered grounds to Dismiss as well as hard evidence of criminal actions. the court to delay the trial date as critical Defense Motions were out standing and as such we would not attend Trial and asked date be moved forward to at least 30 days after MOTIONS CLEARED. The nest thing we heard was a Judgement was entered against us, there was no ruling only a judgement. We have never been notified of the results or if they even rule on the motions. They had scheduled a hearing for only 4 of the Motions, to last fifteen minutes before the Trial, the other outstanding 6 motions were never mentioned.

We called the Trial assistant and asked what happened to the Motions as we have never heard a word two weeks after the Trial. She was to call back and never has. How do they get away with this kind of stuff. Is this legal?

Note if you file against a lawyer or Judge in AR everything you submit remains confidential until the board rules and cannot be discussed with anyone or you are charged with contempt.

We suspect the reason they did not want to rule on the Motions is because of the irrefutable evidence that was attached to support the Motions proving my divorce lawyer who set up my decree in such a way that my X and his family nullified the decree. Public records and other data prove “my law firm” was working for X and his family from that day forward. Bizarrely, I had requested the law firm, my divorce law firm to sue my X for breaking the decree and stealing funds, the law firms email response was they could not represent me, they had been representing X and family and would be a conflict of interest. This was noted in several of the Motions as well as other documents, we even found the lawyer, had used his expired notary stamp on many public documents for X et al, that were part of the scheme to steal my business.
No lawyer in Ark will not touch this case nor the media and I haven’t a clue what to do. The media “was interested as it seems a terrible thing”, but editors shut it down when they realized they had supported several of these people and endorsed them for office. What now and does anyone know of honest media or women’s advocates that might help?

**A: politics at its best.

 

[PCNerd]

Response

You sound like a bit of bias about lawyers, which in AR are about as dirty as on planet, We did have a lawyer and when brought up case about core issue is a “conflict of interest” or “abuse of inducement” etc and what leads to conspiracy and honest to goodness theft, when asked about these items, he suddenly quit.. We are talking hard evidence of such, even a email from what was “my divorce lawyer” turning down representing me as “we represent Mr ./// / and I checked and would be conflict of interest” etc. So this is pretty much a closed item and was advised “no lawyer in AR will touch it if they want to practice law in AR” as relayed by media guy that got pulled off it as it seems their paper had endorsed a few of these clowns.

You have quote NO LAW, as to how a Court can simply not respond in ANY way for 8 months and to 10 Motions, ALL chocked full of hard evidence and no he said she said stuff.. We are talking emails, public documents and Discovery and more. There was also Motion filed as “Expedited Motion” to change trial date as still no response to critical defense Motions as of that date, There was NO response, HEARING was scheduled for FOUR of TEN Motions, which by AR RULE means other SIX must be heard outside HEARING and ONLY scheduled Motions can be heard at SCHEDULED HEARINGS, the COURT cannot add others.
ALL procedures were followed to the LAW. You referred to NO LAW and no we will not “let go” I find your advise typical of someone whom says what to do, but has not a clue . We hoped that someone might know how a Court can get away with not doing a thing with PRE-trial Motions and then move on to trial.. as NO ONE has ever heard of such a thing.. We even called the Clerk about “where or what happened to the Motions and do have a Cert they all were filed. We were told “they cannot have a trial if 8 months of Motions have not been ruled upon.. and probably cannot toss them all and then say “Ok NOW let’s have a trial”. We are 1200 miles from there court. Can “Helping hands” state the reference “Law” and Case Law, please do not bother.
We do agree most disciplinary boards are a joke at the very best, but now days the whole system is , and lawyers the biggest clowns.. One bud of ours had a “Order” agreed to and signed off by a lawyer removed from his case by same Judge that signed the “Order” as “Lawyer for” him.. and had be “resigned from case for months,. When Judge asked about it in Court.. he said and is on TAPE “I just wanted to close the case”. The guy that resigned did nothing about how “signed off” over the phone no less and he is Dir of :Legal services.. do not lecture us as to “having a lawyer etc . If you cannot state LAW or RULE as to how a Judge cannot, did not or even touch or rule on Motions prior to Trial, nor even ever publish or advise their disposition your advisee is no more then rumor or innuendo..
IF ANYONE DOES KNOW AND CAN STATE RULE OR LAW, please post.

 

[HomeGuru]

You sound like a bit of bias about lawyers, which in AR are about as dirty as on planet, We did have a lawyer and when brought up case about core issue is a “conflict of interest” or “abuse of inducement” etc and what leads to conspiracy and honest to goodness theft, when asked about these items, he suddenly quit.. We are talking hard evidence of such, even a email from what was “my divorce lawyer” turning down representing me as “we represent Mr ./// / and I checked and would be conflict of interest” etc. So this is pretty much a closed item and was advised “no lawyer in AR will touch it if they want to practice law in AR” as relayed by media guy that got pulled off it as it seems their paper had endorsed a few of these clowns.

You have quote NO LAW, as to how a Court can simply not respond in ANY way for 8 months and to 10 Motions, ALL chocked full of hard evidence and no he said she said stuff.. We are talking emails, public documents and Discovery and more. There was also Motion filed as “Expedited Motion” to change trial date as still no response to critical defense Motions as of that date, There was NO response, HEARING was scheduled for FOUR of TEN Motions, which by AR RULE means other SIX must be heard outside HEARING and ONLY scheduled Motions can be heard at SCHEDULED HEARINGS, the COURT cannot add others.
ALL procedures were followed to the LAW. You referred to NO LAW and no we will not “let go” I find your advise typical of someone whom says what to do, but has not a clue . We hoped that someone might know how a Court can get away with not doing a thing with PRE-trial Motions and then move on to trial.. as NO ONE has ever heard of such a thing.. We even called the Clerk about “where or what happened to the Motions and do have a Cert they all were filed. We were told “they cannot have a trial if 8 months of Motions have not been ruled upon.. and probably cannot toss them all and then say “Ok NOW let’s have a trial”. We are 1200 miles from there court. Can “Helping hands” state the reference “Law” and Case Law, please do not bother.
We do agree most disciplinary boards are a joke at the very best, but now days the whole system is , and lawyers the biggest clowns.. One bud of ours had a “Order” agreed to and signed off by a lawyer removed from his case by same Judge that signed the “Order” as “Lawyer for” him.. and had be “resigned from case for months,. When Judge asked about it in Court.. he said and is on TAPE “I just wanted to close the case”. The guy that resigned did nothing about how “signed off” over the phone no less and he is Dir of :Legal services.. do not lecture us as to “having a lawyer etc . If you cannot state LAW or RULE as to how a Judge cannot, did not or even touch or rule on Motions prior to Trial, nor even ever publish or advise their disposition your advisee is no more then rumor or innuendo..
IF ANYONE DOES KNOW AND CAN STATE RULE OR LAW, please post.

**A: ok, good luck to you.

 

[tranquility]

The courts do not have to respond to each motion individually. Odds are the judgement will include some mention that all motions outstanding are denied or that all submissions have been considered and that could be considerd a denial of the motion. Also, some "motions" may not be filed in a way which demands a ruling at all.

If, as a matter of law, you think one of the motions has been decided incorrectly (in a denial) you may appeal and present your case to the appellate court. Because courts do pretty well at dotting the i's and crossing the t's, I suspect you will not have any success with a proceedural appeal, only with a substantive one.

 

[PCNerd]

There has been No response of ANY kind to any Motions, NONE in ANY MANNER and while it is expected there was No mention of them in Judgment.. ALL of the Motions required a ruling. Take my word for it, from fraud of date summons served via mail, submitted to court as dated received by us with PO Registered date of letter certs being day AFTER it was received to proof of theft by using a hidden business contract to collect funds that were supposed to be split, kept the funds for three years hidden, then IN the JUDGMENT, stated the funds were collected into a account, then turned over to his “Rent account”, that was after we found out he had taken the money. Amusing that went on three years and a year before HE decided, not the Courts that “rent was due”. Hard data submitted, her divorce lawyers were employed by him and his family from divorce day one and set up deal with them to transfer land their joint business was located, then for him to charge her rent, despite fact No such thing in decree and No change ever filed on decree. These are minor items, but massive cover up. Yet to find ANYWHERE that the Judge simply sits on Motions, for up to 8 months, NEVER discusses, published or mentions anywhere about Motions, again ALL were critical to defense, some of an nature the case should have been dismissed as requested in Motions.. For now take word about them, but shocked that trial was held as Motion asked it be delayed until Motions issues resolved, TWO weeks before trail trial assistant stated about them, “we have not looked at them (back 8 months) yet”. We called (and taped) her after trial, asked about “What and where is some sort of status on Motions, her reply “Will call you back after I talk to Judge”. There was NO call back nor any mailing. Once again . THERE WAS AND HAS BEEN NO RESPONSE TO ANY OF THE MOTIONS, pre or post trial.. NONE.
This MUST be in violation of the LAW, but cannot find the specifics of it as everyone we spoke with said “They cannot do that” to include our Motion to reset trial until ruling made on Motions. We thought court also had to publish ruling and then Judgment, NO ruling ever made, just "judgment", is so outrageous it has to be read to believed. ASSURE you am not some yahoo trying to “Play lawyer”, but what we found is absolutely as mindblowing and a massive cover up, as said even found a scam to try and get funds by 100% lies about what a AR gov report said. I am not lawyer, we did hire a second lawyer, when we asked how legal is the basis of all this, when in fact “My divorce lawyer” caught via all kinds of records, setting up this mess for X and his family, and a even part of drawing up papers that led to theft. They quit. Unofficially told “Forget lawyer as none will touch it. If they want to ever practice in AR. ALL I state are facts, THEY DID NOT rule, or deny or do anything with ANY Motion nor contact us about ANY Motion in ANY manner, we are 1200 miles away. We and everyone we spoke with, NOT asking for legal “advise” simply asked “How can they have a trial when there our defense critical motions have never been addressed in ANY manner. Time after time told “They cannot do that”., our reply “well they did” The question is “Can they legally do this as one guy said “not sure how you even appeal such a thing”. Now do you understand the core issue “How can they do this”?

 

[tranquility]

ALL of the Motions required a ruling.

Do you know what the requirements are for a "motion" to require a ruling? None of the facts you listed after your "trust me" were relevant facts to if a "motion" would require a ruling.

ASSURE you am not some yahoo trying to “Play Lawyer"

From your lack of knowledge and suriety of remedy and process, this is exactly what I think. You're arguing irrelevant facts in a proceedural claim. The underlying facts of what the motion is about have no meaning as to if the motion needs to be heard as a matter of law.

I am not lawyer, we did hire a second lawyer, when we asked how legal is the basis of all this, when in fact “My divorce lawyer” caught via all kinds of records, setting up this mess for X and his family, and a even part of drawing up papers that led to theft.

I think you should avoid commas. Try subject, then verb and then a period. Start a new sentence after that. This is only one part of your post which is incomprehensible.

Time after time told “They cannot do that”., our reply “well they did” The question is “Can they legally do this as one guy said “not sure how you even appeal such a thing”. Now do you understand the core issue “How can they do this”?

If you re-read the final judgment, you will find words which will say it is settling all controversies in the suit. That is your ruling. If you think it is wrong, appeal it. Not that they didn't decide your motions on a proceedural appeal, but on a substantive appeal in that they decided them wrong.

 

[PCNerd]

again responding

You agree that NO ruling is required on ANY of the Motions?
YOU STILL DO NOT GET IT. Your remark was: Not that they didn't decide your motions on a procedural appeal, but on a substantive appeal in that they decided them wrong”. THEY NEVER DID A THING ON THE MOTIONS AS FAR AS WE CAN TELL, THEY DID NOT DENY, OK or DISMISS, THEY DI D NOT RULE ETC. They have NOT SAID OR SENT A WORD AS TO ANY STATUS OR WHAT WAS DONE WITH THEM OTHER THEN THE ASSISTANT SAYING “We have not looked at them” and that was 8 MONTHS after the first on submitted and THAT IS “LEGAL to go to trial?

Lack of knowledge is not to include we know corrupt lawyers and Judges, as we met them. Bottom line is had ANYONE read the any of the Motions with the HARD (Prima Facie) evidence they would BY RULE, REQUIRED to report the law firms to the Disciplinary Boards, which was MAJOR impact to case, As with most lawyers-judges in AR NO WHERE CAN ANYONE find ANY rule that says the Court DOES NOT have to advise parties on the status or disposition of Motions other then post trial and 30 day rule. What is the rule or law that says Court does NOT have to rule, reply or advise on Motions of ANY kind? THAT IS THE QUESTION, obviously you do not know what your are talking about. REAL lawyers said they NEVER heard of such a thing and advised to try to find out what law or rule is in effect that say “COURT DOES NOT have to even do more then file Motions and is NOT required to even status them and then to not respond to requests for their status. How about one to Order Discovery and others for what has proven to be lies on admissions which are sworn docs, etc. and more. Do you know what you are talking about? Even if NO ruling something has to be done to clear it, as in “Dismissed denied etc. and NOTHING was done to dispose of any of them, now do you get it?

 

[tranquility]

Your outrage and legal theories will result in your loss at least; and, if you press the issues, contempt of court citations and other legal remedies against you.

Deal with the facts. Assume all motions were decided against you. If such a decision is in error, appeal. There is nothing else you can do execpt the obvious, get a competent attorney who will review everything.

 

[SIN EATER]

nerd,
Tranq is not arguing with you, he is explaining the legal process.

There are, frequently, broad statements in court orders, such as:
"All other relief requested and not specifically granted, is denied."

That may be a legally sufficient response to any pending Motion - the statement killed all outstanding Motions.

You still have the right to appeal.

When you appeal, you have to define what you want to include in the record which goes up to the Appeal Court. You would want to specify (and check) that your Motions with 'proof' attached are part of the record for Appeal. If you don't identify, ask, and ensure that they are part of the file which goes to the Appeal Court, they won't be sent.

 

[PCNerd]

response

THE ISSUE from the “BEAR” is simple.. WE CANNOT despite phone, calls, written requests, and now a Post Trail Motion find out what happened to ANY of the Motions, NONE OF THEM! The "Judgment" DOES NOT MENTION MOTIONS, Judgment “catch all” states usual “from all of which and OTHER matters, proof and things introduced before the COURT” “other things before the Court”
Such must then include Motions as it does not specifically call them out. As such “introduced to Court” means something happened to them in some sort of manner. I have and others have asked. “how can they NOT do a thing with the Motions, much less ignore your asking for what happened to them? NO ONE has yet found ANY law or rule that allows this. Some whom reviewed Motions noted that hard evidence in Motions indited lawyers and law firms as well as Plaintiff and his lawyer in criminal actions. AKA “my divorce law firm” unknown to me was employed by X and his family from day of divorce until current, they drew up a three year lease on property without my knowledge, consent of involvement. X kept funds, never advised what was going on, when we found out and stated/noted so in Court as that business is part of case... that whole case would shock anyone and told Court IN MOTION with PROOF and asked that portion of civil case be Dismissed as based on criminal actions, proof they tried to hide it as refused financial data of any kind they changed the story and despite replies to Motions that at first denied lease and keeping money which does fit “The AR Code 5.36.315 in support of 3.36.103. Stunningly they then actually on Judgment put “Plaintiff held money from rent or building and applied it to rent of land”. Only little thing there is they held money for rent of building 2005-early 2007, decided to “Charge former wife rent for business buildings they divided in 86 divorce ( when we find “my law firm” sent to work for X and family, quietly (lawyer even used expired Notary Stamp) quick deeded land where business on from family to son (para on Divorce Decree stated land owned by parent NOT either party) and in 2007 he decide to “charge rent for her half of buildings”. One of which he leased out without telling her. Caught in theft and “her” now “his law firm drew up “lease:” and are very much into that ALL of them thing of “should have known or KNEW better”. Nearly amusingly they then put into Judgment, $//// dollars due, Minus credit for money paid for Rent of building which held and transferred to his account” etc. The list there for criminal actions is nearly endless, seems he “Transferred her funds” to “his account”. I had ZERO knowledge such a “account existed” NO taxes filed in my name, some sort of “account” set up in my name is ID Fraud or Theft.. , no income statements sent, no rent receipt, no nothing as in truth they went this route to cover up the theft and lawyers funny business. We have Discovery prior to when they switched story that states “Financial tax, income etc data not relevant to case etc” Amazing how brilliant they all were, “held money in account they claim to have created for me, from use of my personal property as they put it, from 2004 to early 2007, never told and then without telling me, “transferred it to his rental account in late 2007” and the Court bought into it. Yep AR is the heart of law and justice for all.
I assure you data proves they did even worse.. but as said the few lawyers we spoke with in AR will “not touch it as I want to remain in practice in AR etc was a very candid remark by one.’
Now if you think they did not break any laws, AR and FED as well as what in truth is classic of Money Laundry and note the also used US Mail to do so, interstate, then do not bother to reply.
Was advised they are hoping to trip it up in Appeals and have it tossed for some tech side issue. We simply no longer can afford a lawyer and there is ZERO chance of pro bono as lawyers do not do such things unless there is potential for some type of CA “cause celeb”. I shall hope the more reasonable of you, not first year law or in pen somewhere understand the issues.. AR Court and all the way to their Disciplinary Boards are corrupt, or none would even attempt to pull this one. What I posted is tiny example of what they did. Whole case would stun you, so please no pontifications on this and that unless you can recognize the depth of the corruption and common place for cover up in AR to go on, an on. Was just hoping someone could refer to law or case law on how they can toss all the Motions and never state the why read them, as with what is in them, evidence entered with them, means the by Lawyer Conduct Rule 8 and Cannon 3 they had to act as the “know or should know” kicks in with the documents and evidences submitted in Motions?
Yes, I am a bit more then frustrated/upset they can get away with it We had been told to report, go after it, but reporter pulled back as some players were “politically” sensitivity AKA “paper once endorsed them” and if you think we are upset, you should have heard reporter and as he said. Court set a precedence for theft and seems OK in AR for women’s divorce lawyer to set up a decree where she would lose everything when her lawyer went to work for X and his family and the Court is covering it up, this is the core issue. Somehow the law doesn’t apply to this case, only greed and politics.
It’s finding the tools to win this case. I’m not giving up, I am in the right and all the documents/proof prove it 100%. I gave 20 years of my life and for this to happen without a fight, I don’t think so. Not only for myself, my children, but maybe smarter to help others. Aren’t you helping others? Has the law turned into politics and billing? I’ve spoke to a dozen lawyers and none could quote the law, mainly it was settle? Arbitration, yet the laws are not there to protect me. What happened to the term “Officers of the court”? 100% trusted my divorce lawyer since I thought he knew the law and would protect me/children from all this grief. Yet in truth he/law firm turned there back on me to the highest bidder or that is the way I feel. This has been a real eye opener for me.

 

[tranquility]

Subject, verb, period. Learn it. Live it. Love it.

Commas are not your friends. (And, neither are complex sentences that require commas but are not included based on following previous advice.)

 

[Ronin]

I have and others have asked. “how can they NOT do a thing with the Motions, much less ignore your asking for what happened to them? NO ONE has yet found ANY law or rule that allows this.

This is an oversimplification, but you are correct in that there is no rule or law that allows motions to be ignored. However, since there is no law that says they cannot do this, they can and do. This happens fairly often and in different ways. But there are rules of procedure to address this problem when it occurs, and it works if properly used.

When a judge does not answer or ignores a motion as in your case, after a set amount of time the motion is automatically overruled by default (or operation of law). The rules of procedure dictate that when a motion is overruled for any reason, it must be properly objected to in a timely manner for the record. This is called preservation of error and affords an objecting party a recourse to appeal. However, if it is not properly objected to, the complaint is waived and the issue is not appealable.

So if you did not file timely objections to your overruled motions, then you most likely have no legal basis to appeal this matter. The court was probably very much aware that if it ignored your motions, that as a pro se you would not likely know the correct procedures to challenge this. And that in turn you would be out of luck.

If your judgment is very recent, you may still have time to file a request for Findings of Fact and Conclusions of Law. However in many cases one has as little as 20 days after judgment is signed to file this request, and if it is filed late, the court can legally ignore this request. Without such findings, any appeal is dead in the water.

All of this information can be found in your states rules of civil and appellate procedure.

 

[PCNerd]

Response

Thanks for help, I will look up the procedure on finding of facts, forgot about that one. There seems to be something wrong with fact the Court WILL NOT in any manner advise as to what happened to our Motions, other than a few weeks back Trial Asst’ advised "We have not looked at any yet. “No activity on your file.” These Motions go back to July 08. Simply amazed as many were critical to defense and more then a few provided hard evidence of numerous serious criminal actions, note this was civil trial yet the evidence in Motions was needed for defense as well as pointing to serious criminal acts by many players. (We walked into the good ole boys and girls protective associations.) Still wonder how they can simply ignore Motions. Have to ask and not at all sure, does not the Court have to at least READ them as part of file? They should have to read them and as seems needed to do something in light of proof of crimes. The proof is way beyond what one might say is "prima facie", this is real criminal stuff happening, we found in numerous public records. Oddly, enough when a lawyer used his expired Notary Stamp (9 years out of registry) it is not an issue in AR? Again thanks as some wonder just how they expect to get away with it, but the players are now in so deep their only hope is Court covers it.
The other side replied to all our motions which makes it weird, what happened was every time they replied to a motion the next motion proved criminal actions existed as it refuted the previous motion reply. It became worse and worse and if that wasn’t enough in discovery they dug it deeper.
The whole issue comes down to if they would have read the motions this would be a false verdict by the court and is dodging it this way.
I thought finding of fact was for jury trial? Will look up what AR says use of court by civil trial.