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Reimbursement of legal costs from opposing party due to misconduct in courtroom

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menchari

Member
What is the name of your state (only U.S. law)? OH

Is there a state law or court procedure for Ohio that allows reimbursement of legal expenses from the other party due to misconduct, bad faith etc. in the courtroom?
I am familiar with the Federal Court rule in regards to this just don't know if anything like it applies in an Ohio court.
 


tranquility

Senior Member
Posting history.

OP, it would be better to keep related topics in the same thread. Choose one of your many to link this to.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? OH

Is there a state law or court procedure for Ohio that allows reimbursement of legal expenses from the other party due to misconduct, bad faith etc. in the courtroom?
I am familiar with the Federal Court rule in regards to this just don't know if anything like it applies in an Ohio court.
You claim to be “familiar” with a “Federal Court rule" in regards to redressing “misconduct and bad faith in the courtroom” by “reimbursing legal expenses from the other (sic) party”?

I’ betting that you cannot name one.

And if you’re thinking such is covered under FRCP Rule 11(b) you loose.

Why? Because in the federal system - short of filing false and frivolous pleadings for which and award of attorney fees is limited to those incurred in association with a Rule 11 (b) motion - the courts rely on their implied or inherent powers to redress and compensate for bad faith conduct. (See: Chambers vs. NASCO, United States Supreme Court, 501 U. S. 32 (l991) and Corley vs. Rosewood Care Center, Inc., 142 F.3rd 1041 (7th Cir. 1998).

But curiously of all people such as you that have posted numerous question concerning your assorted legal entanglements, real and perhaps imagined, that has never mentioned having engaged a lawyer, be interested in the issue of an award of attorney fees for any puprose or infraction? They are never given to pro se litigants! Those particular litigation expenses must first be incurred.

________________

With regard to an Ohio rule - broader and more liberal than FRCP Rule 11 (b) - you might wish to examine ORC Section 2323.1(B). But there again pro se litigants don't get reimbursed for "attorney fees".
 

menchari

Member
Thanks for the case links. In this case there are attornies though you also get what you paid for. Doing the legwork to keep legal expenses down instead of paying a lawyer to do the legwork when you can't afford that kind of money helps. Already have a ton of paperwork and other media to demontrate the othe sides testimony and the majority of the complaint was done in bad faith with portions knowingly false statements in the courtroom. Much of it has already been removed from the complaint. It has been dragged out for over a year with multiple continuences and a little over two months to go till the next hearing and am working on the last few items to cover all bases.
The attornies have stated that this is one of the most complicated cases they have worked on so I have only made a few posts on occasion on this one. There is a third party involved with providing the major false information which is part of the reason it is complicated.
 

quincy

Senior Member
... In this case there are attornies though you also get what you paid for. ... Already have a ton of paperwork and other media to demontrate the othe sides testimony and the majority of the complaint was done in bad faith with portions knowingly false statements in the courtroom. ... The attornies have stated that this is one of the most complicated cases they have worked on ...
Because you apparently have attorneys involved in this "most complicated" of cases, what this forum can offer you is very limited, menchari.

What is said within the course of a legal action (ie, "false statements in the courtroom") should be refuted in the courtroom. I would trust that your attorneys are capable of handling this aspect of your case. Lies are often told in a courtroom, and attorneys and judges know this.




(I have not reviewed your posting history but I suspect it tells quite the story ;))
 

TigerD

Senior Member
If you had just gone to law school back when you started giving legal advice, you would be a lawyer by now and know the answer to your questions.

DC
 

quincy

Senior Member
If you had just gone to law school back when you started giving legal advice, you would be a lawyer by now and know the answer to your questions.

DC
I am thinking you are referring to menchari here, DC?

I know the answers to all of my questions. . . . . . although, admittedly, I usually only ask myself easy ones. ;)
 

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