Appeals Court, Oral Arguments

[bgp5740]

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

We are representing ourselves Pro Se. We just received notice that our appeal is finally being heard but we're out of the country and do not have the funds to travel. We are scheduled to present oral arguments in a month but we will be unable to attend.

One of the points in the Notice of Argument stated, “The case cannot be submitted on brief without notice to the court.” We took this to mean that, if we give proper notice to the Court, we can submit our oral argument in written (brief) form if we are unable to physically appear. Is this correct?

Thank you for any help and feedback.

 

[Mass_Shyster]

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

We are representing ourselves Pro Se. We just received notice that our appeal is finally being heard but we're out of the country and do not have the funds to travel. We are scheduled to present oral arguments in a month but we will be unable to attend.

One of the points in the Notice of Argument stated, “The case cannot be submitted on brief without notice to the court.” We took this to mean that, if we give proper notice to the Court, we can submit our oral argument in written (brief) form if we are unable to physically appear. Is this correct?

Thank you for any help and feedback.

You really need to read the Massachusetts Rules of Appellate Procedure.

http://www.lawlib.state.ma.us/source/mass/rules/appellate/index.html

 

[tranquility]

You really need to read the Massachusetts Rules of Appellate Procedure.

http://www.lawlib.state.ma.us/source/mass/rules/appellate/index.html

I agree. Appellate court is not a place to guess.

But, if I'd guess, I'd say the "brief" has already been submitted. If one side does not show up for oral argument, they don't get to submit a paper with more argument. The point of oral argument is to answer questions. If a party filed notice, that would be a waiver of the right to oral argument.

 

[HomeGuru]

Very very risky to not have an attorney at this stage.

 

[bgp5740]

Thank you all for taking the time to provide your helpful, thoughtful replies.

The case is before the Appeals Court of the Commonwealth of Massachusetts. The entire case is posted at: http://plaintiff.jetiii.com with the Appeal (including Briefs and Record Appendix) at the bottom of the page. Oral Argument is scheduled for April 11, 2013.

We wrote a request to the Clerk (also posted at the website) asking that we be allowed to argue via Skype video conferencing or by telephone. Having not heard anything from the court, we called the Clerk who said that the judges were still deliberating and no decision had yet been made.

Our question now is, should we file the request in the form of a motion in order to protect our appellant rights?

The reason for the bias claim in our appeal and our worries about the matter herein is because my husband was the chairman and founder of the committee to impeach Judge Shirley R. Lewis and he argued the case before the SJC. This led to Judge Lewis' removal from the bench.

As always, thank you for any help and assistance.

 

[bgp5740]

Update: April 4, 2013, Chief Justice of the MA Appeals Court granted Oral Argument via telephone conference.

Thank you all for your help.

 

[tranquility]

Update: April 4, 2013, Chief Justice of the MA Appeals Court granted Oral Argument via telephone conference.

Thank you all for your help.

Congratulations. I did not think you would have won that one.