OK, I need real advice this time. :p

[CJane]

What is the name of your state? MO

I need to file my answers to Stupidhead's Motions like yesterday.

However, I'm unsure what exactly I'm to be filing.

This is specifically what their motions state:
NOTICE OF ENGAGED COUNSEL AND PETITIONER'S APPLICATION FOR TRIAL CONTINANCE WITH SUGGESTIONS IN SUPPORT THEREOF

1. Attorneys will be out of the country in China, blah blah blah. (I already agreed to the continuance and the new hearing date is set)

2. Petitioner wishes to work with respondent, ME, through his counsel to determine if the issues which are the subject of her Contempt Motion can be mediated and avoid the necessity of trial.

The requested relief is:

1. An order continuing this matter to a date and time convenient for the court and all parites;

2. And for such other relief as the court deems just and proper.

***********************

They don't specifically request mediation be ordered... should I still object to mediation pursuant to RSMo 452.372.3(2) which states:

Mandatory educational sessions, when--alternative dispute resolution, when.
452.372.3 Any alternative dispute resolution program ordered by the court pursuant to this section may be paid for by the parties in a proportion to be determined by the court, the cost of which shall be reasonable and customary for the circuit in which the program is ordered, and shall:

(1) Not be binding on the parties;

(2) Not be ordered or used for contempt proceedings;

(3) Not be ordered or utilized for child support issues; and

(4) Not be used to modify a prior order of the court, except by agreement of the parties.

*******************
MOTION TO DISMISS RESPONDENT'S PETITION FOR FINDING OF CONTEMPT OF COURT or in the alternative,
MOTION FOR MORE DEFINITE & CERTAIN STATEMENT WITH SUGGESTIONS IN SUPPORT THEREOF

**I've only included the portions that aren't 'fixed' by my new petition as written, or which concern me anyway... **

6. That Respondend should furnish security for Petitioner's costs and attorneys fees incurred herein.

**HUH? How do I object to this one, and what does it have to do with a motion to dismiss anyway?**

7. Respondent's Petition as plead, is indefinite and uncertain in that:

**lots of reasons listed, but the gist is that they dislike the outline format that I used**

This one though...

e. Respondent appears to be reciting information from documents or records, but fails to specifically state she is doing so. Given that her pleadings don't advise Petitioner of the source of the information, Petitioner has no way of filing a specific answer to such allegations.

** Why should I have to tell him "According to medical record X"? They're records that he has access to, he can figure it out. Right?

**********************

Everything else that they allege is 'fixed' in the new Petition... lots of you have read it. If you want to read it and haven't, send me your email address and you can peruse if I decide I'm comfortable sharing my bidness w/y'all.

They're final prayer for the court states:

Petitioner respectfully prays for an Order of this Court, to
1. Dismissing Respondent's Petition for the reasons set forth herein; or
2. In the alternative, issuing an Order directing Respondent to make her Petition more definite and certain in the respects mentioned herein so that Petitioner may fully and satisfactorily answer same; and
3. For such other relief as the Court deems just and proper in the premises.

They're asking the court to order me to redo everything. I've already redone everything. Should I just file an "Answer to Petitioner's Motion for More Definite and Certain Statement" and have that be the title of my new Petition?

How do I work in the objection to mediation and the objection to a bond for attorneys fees?

 

[ProSeDadinMD]

They don't specifically request mediation be ordered... should I still object to mediation pursuant to RSMo 452.372.3(2) which states:

Based on my own answers/petitions/motions, etc, etc recently, I absolutely believe that you should answer this with both the rule number and a “cut and paste” of the rule. The ex’s lawyer tried to wriggle out with an “opposition” to my invocation of the rule, but with the verbiage there it was hard to refute.

** Why should I have to tell him "According to medical record X"? They're records that he has access to, he can figure it out. Right?

It seems(to me) as if this comes across slightly uncooperative, whether that’s how you mean it or not. My thought it that there’s no harm in providing the record info, but then again I am an appeaser…

Should I just file an "Answer to Petitioner's Motion for More Definite and Certain Statement" and have that be the title of my new Petition?

IMO Yes.

How do I work in the objection to mediation and the objection to a bond for attorneys fees?

Answer the mediation thing in the appropriate item on your answer(I am assuming that you are answering it point by point, right?) .

Do the fees by stating that since this is a motion to dismiss, the simple act of requesting “relief” would render the motion moot by necessitating a hearing on the relief items/terms requested. (OK, I just gave myself an ice cream headache)

 

[Silverplum]

I've read that like 3 times and it gave me a headache AND an inferiority complex!

CJane, I wish I could help. All I gots is some common sense.

 

[CJane]

I did not ask for attorney fees - I'm pro se.

I plan to quote the statutes - I actually have in the new petition for other things like the definition of contempt and the appropriate punishment for contempt.

Regarding the documents - if I state 'see exhibit a' and then include w/my answer/new petition the binders that I've put together, does that suffice? I figured that if they wanted to see documents/evidence, they had to do discovery. Am I wrong? And yes, PSDiM it is uncooperative and I'll freely admit it. Most of what I have is medical records for Drs I didn't even know existed because HE left me out of the loop. I managed to find them on my own... HE could just call up the Drs and get them. KWIM?

I don't know if I need to answer point by point. A lot of their points are the same. I was going to say something along the lines of "Items 1-4 are clarified/corrected in the attached Amended Petition" is that ok, do you think?

The points NOT addressed in the new petition, I will answer point by point.

 

[Suzz]

Not legal, but...

6. That Respondend should furnish security for Petitioner's costs and attorneys fees incurred herein.

**HUH? How do I object to this one, and what does it have to do with a motion to dismiss anyway?**


How do I work in the objection to mediation and the objection to a bond for attorneys fees?

my first thought after reading this was "well if Shead and the psycho he married quit doing stupid crap he wouldn't need an attorney"

My next thought is that they know you have enough on him for it not to be dismissed, but he is hoping that if he can convince you that you are going to be stuck with attorney fees (yeah if you had that kind of money you'd hire your own) you will back off.

On another note ... my dear, I bow to your wisdom and determination. You are remarkable.

 

[ProSeDadinMD]

I plan to quote the statutes - I actually have in the new petition for other things like the definition of contempt and the appropriate punishment for contempt.

Very nice touch

Regarding the documents - if I state 'see exhibit a' and then include w/my answer/new petition the binders that I've put together, does that suffice?

That's about what I did too.

I figured that if they wanted to see documents/evidence, they had to do discovery. Am I wrong?

No, you're right, but I think it's best to keep the judge as up to speed and informed as possible.

And yes, PSDiM it is uncooperative and I'll freely admit it. Most of what I have is medical records for Drs I didn't even know existed because HE left me out of the loop. I managed to find them on my own... HE could just call up the Drs and get them. KWIM?

Hey. if you're cool with that, so am I

But what is KWIM?

I don't know if I need to answer point by point. A lot of their points are the same. I was going to say something along the lines of "Items 1-4 are clarified/corrected in the attached Amended Petition" is that ok, do you think?

I think that's perfect. Good luck...

 

[CJane]

Very nice touch

I thought so. One of their gripes is that I don't clearly explain what contempt IS. So I thought I'd give 'em a bit of what they're asking for.

In fact, they also gripe that I wasn't specific enough in my 'enumeration' so I changed my Petition and now everything is VERY SPECIFIC and VERY numbered. So I'm at like 52 counts of contempt instead of 15.

But what is KWIM?

Know What I Mean

 

[ProSeDadinMD]

In fact, they also gripe that I wasn't specific enough in my 'enumeration' so I changed my Petition and now everything is VERY SPECIFIC and VERY numbered. So I'm at like 52 counts of contempt instead of 15.

I like that. The more the better. Maybe next time they'll think twice before pushing back so hard.

 

[CJane]

my first thought after reading this was "well if Shead and the psycho he married quit doing stupid crap he wouldn't need an attorney"

Well, I'm hoping that comes through to the judge w/out me having to put it in so many words.

My next thought is that they know you have enough on him for it not to be dismissed, but he is hoping that if he can convince you that you are going to be stuck with attorney fees (yeah if you had that kind of money you'd hire your own) you will back off.

Well, I was ordered to pay $1500 of his atty fees after the mediation last year. I haven't. But there was no specific date given for when he had to be paid BY... so I'm not in contempt. The advice from my attorney was "Make sure there's enough in your estate that it's paid when you die." So I get WHY he wants the bond. But I ain't agreeing to it.

On another note ... my dear, I bow to your wisdom and determination. You are remarkable.

I dunno about any of that.

 

[LdiJ]

CJane,

You need two motions. The first motion should respond, point by point to his

"MOTION TO DISMISS RESPONDENT'S PETITION FOR FINDING OF CONTEMPT OF COURT or in the alternative,
MOTION FOR MORE DEFINITE & CERTAIN STATEMENT WITH SUGGESTIONS IN SUPPORT THEREOF

One way it might be worded is:

Motion to object to petitioner's motion to dismiss respondent's petition for finding of contempt of ocurt or in the alternative, motion for more definite & certain statement with suggestions in support thereof.

Answer that motion, point by point, with your responses, using the same numbering/lettering that he used.

Example:

e. Petitioner states: Respondent appears to be reciting information from documents or records, but fails to specifically state she is doing so. Given that her pleadings don't advise Petitioner of the source of the information, Petitioner has no way of filing a specific answer to such allegations.

Respondent is attaching a motion to amend her motion for contempt incorporating the petitioner's suggestions for clarification and attaching exhibits of the documents in question.

Then, your second motion should be the revised contempt motion, as a "motion to amend" and include the binders with the documentation.

I think that will blow them right out of the water, and may very well put an end to the nonsence.

 

[CJane]

I think that will blow them right out of the water, and may very well put an end to the nonsence.

Thank you. That's exactly what I was wondering if I should do. I shall complete it tonight.

(Even though I'm gonna have the girls as SH called me this morning to tell me he was 'suddenly' called out of town and couldn't keep them... I even offered to trade for another day. )

I think putting an end to the nonsense is going to take more than a court order.

 

[Ohiogal]

For the bond issue thingy -- quote the law about contempt where normally they have to pay your attorney fees. Of course that is guessing that MO law requires the loser to pay the attorney fees of the winner because it is only due to SH's not obeying... yada yada yada. THURSDAY COME QUICKLY!

 

[majomom1]

CJane,

You need two motions. The first motion should respond, point by point to his

"MOTION TO DISMISS RESPONDENT'S PETITION FOR FINDING OF CONTEMPT OF COURT or in the alternative,
MOTION FOR MORE DEFINITE & CERTAIN STATEMENT WITH SUGGESTIONS IN SUPPORT THEREOF

One way it might be worded is:

Motion to object to petitioner's motion to dismiss respondent's petition for finding of contempt of ocurt or in the alternative, motion for more definite & certain statement with suggestions in support thereof.

Answer that motion, point by point, with your responses, using the same numbering/lettering that he used.

Example:

e. Petitioner states: Respondent appears to be reciting information from documents or records, but fails to specifically state she is doing so. Given that her pleadings don't advise Petitioner of the source of the information, Petitioner has no way of filing a specific answer to such allegations.

Respondent is attaching a motion to amend her motion for contempt incorporating the petitioner's suggestions for clarification and attaching exhibits of the documents in question.

Then, your second motion should be the revised contempt motion, as a "motion to amend" and include the binders with the documentation.

I think that will blow them right out of the water, and may very well put an end to the nonsence.

I agree with this! And I have been learning from.... well... from YOU!

And you keep telling me... don't worry about "proving" it in your motion. Where your information comes from is not relevant, here. You have made the charge and you can back it up. Let him do the foot work you have done! Or tell him to do it right the first time...

Attorney fees?... He needs an attorney to go up against little ole you?

I smell something foul... but it sure didn't come from your house when I was there!!!

 

[CJane]

For the bond issue thingy -- quote the law about contempt where normally they have to pay your attorney fees. Of course that is guessing that MO law requires the loser to pay the attorney fees of the winner because it is only due to SH's not obeying... yada yada yada. THURSDAY COME QUICKLY!

I'll look at the statutes/case law more closely and see if that comes into play. Can I just make up some atty fees for myself?

 

[CJane]

CJane, sorry if this was mentioned and I didn't see it but ....
Did you request sanctions? Did you specify an amount?

I requested sanctions at the judge's discretion and included (in the new petition) the statute that allows fines/jail time as the ONLY punishment for a finding of contempt.

My husband's attorney's response to their response pointed out that they offered no proof and the judge hit them hard about that and made him shut up, he wasn't allowed to discuss anything he didn't already offer as proof in his response. I'm thinking, too, that if your judge doesn't shut him down if your ex does that, you might need to ask that the judge shut him down. No fair saying something's so very important but not putting it in a response.

I'm not too worried about the judge not calling them on BS. At this point, he's probably exasperated w/both of us as we're becoming 'frequent fliers'. But I know in the last trial, he got really tired of SH's attorney pronouncing our last name wrong that he just blurted out in court "For god's sake! Their name is X!"