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small claims against a police officer

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texast2

Guest
What is the name of your state? Texas

Three years ago, I hired an off-duty Police Officer to Supervise a visit ( court ordered) between my ex-husband and our daughter. This was done over the phone, at my lawyers office. During the conversation with the Officer, I told him what I expected, gave him details, to the letter, and we made the pick up times and locations. When we met that day, I paid him the $20..00 per hour he requested, in advance, we met my ex, I gave the Officer a copy of the court orders, (certified copy) and they drove off.
That was at 9:00 am.

We were to meet later that day, at 2:00 for my daughter to show her animal in the 4-h show. I called the Officer on his cell phone at 1:00pm to remind him about our meeting. At this time, the Officer informed me that my ex had run off with our daughter, and he was on his way to the Police Dept. The Officer at no time tried to contact me by cell phone. I found this out when I called him.

To make a long story short. He did not follow my instructions as to never letting our daughterout of his sight. He left my ex alone with our daughter, and that is when the ex ran with her.

I am sueing him in small claims court for breaching our contract. I am asking for the money back that I paid him, along with the expenses it took for me to get my daughter back.

There are many many other details to the story. My question is,

This Police officer has requested a Jury trial in small claims court, and hired a lawyer. This started out to be a simple claim. What is the process of picking a jury?
Any suggestions?????????????????????
 


H

hexeliebe

Guest
You need an attorney. This is no time to scrimp and we can't guide you through every possible scenario that MAY or MAY NOT happen in court.

You can amend your complaint to include attorney fees if you have to hire an attorney.
 
T

texast2

Guest
Thank you,
I have an attorney, for other things. He is the one that suggested that this was a simple breach of contract, and I should do it myself to save money.
Im just a lil worried about going up against a lawyer, andI know that is what they are counting on.

I just thought I could get some pointers.
Thank you for your reply.
 
T

texast2

Guest
Could anyone suggest any helpful sites I might brouse for helpful hints on picking the jury???????????????
Like what kind of questions to ask, so on.
 
T

texast2

Guest
Another question,,,,,

What about Discovery???? How do I ask the other side for thier evidence and witnesses?????
 

racer72

Senior Member
You are now out of your league legal wise. Do as Hex suggested, get your attorney involved. There is no way anyone can guide you through this case in this forum.
 
T

texast2

Guest
Thank you again for your replies.

Is it likely that I could get a continuance on the grounds of hiring counsel?

It seems so cut and dry, but after reading all these books and cases, it might be better to appear with counsel, as you have advised.

I would really like to do this on my own, just doesn't seem likely. Trying to avoid any more cost than I have already incured over this.

Thanks again.
 

JETX

Senior Member
Actually, what you are asking is NOT unusual... so lets get you some ANSWERS:

"This Police officer has requested a Jury trial in small claims court, and hired a lawyer. This started out to be a simple claim. What is the process of picking a jury?"
*** First, if you haven't requested a jury trial, you have to do so. Simply, contact the court clerk. Once a jury trial is requested, arrive EARLY at the date/time and be PREPARED.
If you want to see the process for juries in small claims (Justice) court, I suggest you go to a local law library and look at Texas Rules of Civil Procedure, rules 545 through 550. Or you can contact the court staff and ask them if they can help you.

"What about Discovery???? How do I ask the other side for thier evidence and witnesses?????"
*** Again, depends. Texas recently revised their 'pre-trial' discovery rules to require that the petiioner (plaintiff) stipulate what level of discovery they want. Generally, small claims court is a level 1 by default.

I STRONGLY suggest you go to a local library or bookstore and get a book titled "How to Win in Small Claims Court in Texas". It has a great amount of information and will definitely help you with your questions.

"How to Win in Small Claims Court in Texas"
William R. Brown, Mark Warda
ISBN: 1572481110
Format: Paperback, 176pp
Pub. Date: February 2000 Publisher: Sourcebooks, Incorporated
Edition Description: 2ND
 
T

texast2

Guest
Thank you so much for your reply.

I, being the one who filed the lawsuit, did not request a jury trial. The Officer did. I didn't even know this was an option in a small claims case. The court that I filed with, is no help at all. We have already had one court date, and when I showed up for court that morning, I was told that the Officer had hired a lawyer, and the date had been postponed. One week later the court sent me the last letter, informing me that we were set for a jury trial.

This morning, about 30 minutes ago, I faxed a letter to this lawyer and asked him for a list of his witnesses, so that I would not subpoena people that he already had on his list. He said he would, but it might take a week or so. I called his office to confirm he received my fax.

I have sent a friend to the store to look for that book your suggested to me. Thank you so much.

What is level one by default?????????

can I find this on the internet: Texas Rules of Civil Procedure, rules 545 through 550.

I am greatlful for the hints,
Thank you
 
T

texast2

Guest
Again, Thank you very much.

I will visit those sites. Court isn't until 2-24-04, If I find that I am not informed enough and decide to hire a lawyer, could I possibly get a continuance?

I have no doubts about my case, but I do not want to chance loosing it on my ignorance of the laws, or formalities of the courts.

Again, thank you
 

JETX

Senior Member
You can file a motion for continuance, but the court may not grant it. One thing to remember in all of this.... small claims court can be appealed fairly simply in Texas.
 
T

texast2

Guest
I went to the site you listed, and it has a bunch of listings there, but it would not let me open any of them. Can you tell me what level 1 means, as you meantioned in your reply.

Or maybe somewhere I could find the Texas Rules of civil Procedures

Thankyou so much for your help.
 

JETX

Senior Member
"I went to the site you listed, and it has a bunch of listings there"
*** No it doesn't. It has ONLY the TRCP, but they are in several pages.

"but it would not let me open any of them."
*** What do you mean?? There is no 'opening' required.

"Can you tell me what level 1 means, as you meantioned in your reply."
*** It is much easier for you to see it.
Try clicking on the following (remove the brackets and URL in front and behind):
http://trcp.freeservers.com/custom2.html
 

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