kyndrad777
Junior Member
What is the name of your state (only U.S. law)? CA
I filed a motion to set aside because my ex and his spouse modified circumstances just prior to a hearing to benefit from more support. As time went on, over the course of two years, I was able to gather proof that he not only lied about expenses, but excluded income and expenses to make it look like he was struggling. The elements of everything involved include a violent reaction when he received notice of a subpoena I issued - cutting off one of my daughter's hair. The declaration is submitted was 43 pages long, with supporting evidence and documentation.
My ex waited until 7 days before the hearing to hire an attorney, who requested a continuance on the grounds that she had not had time to review the motion.
In court, the judge basically humiliated me in front of everyone, telling me "I can't read this! There's over a hundred pages here!" And held up the motion and waved it around like a flag. This was before any request for a continuance was made.
The judge obviously had not read the motion, I am not sure how he was prepared to hear the case if it had not been continued (which I consented to).
I looked before submitting the declaration for any limits both formal or informal on the length of a declaration. I only found one reference, a court clerk's statement that there are no limits on the size of a declaration as long as one tries to write clearly and concisely and gets to the point. I did all of that, I had several other read it to make sure it made sense and was written well before I sent it in.
Now I am wondering if since the judge obviously doesn't want to read a long declaration, and it is clear now that he does not appreciate pro se litigants as he does attorneys, is he going to and is there any recourse if he dismisses or otherwise throws me out for reasons other than the merits of my case. I have proven all of the elements involved in my request for order, and cited case law that gives the judge jurisdiction and discretion to order for my case. But I am worried he won't even read it and will side with the other party simply because he has an attorney.
I filed a motion to set aside because my ex and his spouse modified circumstances just prior to a hearing to benefit from more support. As time went on, over the course of two years, I was able to gather proof that he not only lied about expenses, but excluded income and expenses to make it look like he was struggling. The elements of everything involved include a violent reaction when he received notice of a subpoena I issued - cutting off one of my daughter's hair. The declaration is submitted was 43 pages long, with supporting evidence and documentation.
My ex waited until 7 days before the hearing to hire an attorney, who requested a continuance on the grounds that she had not had time to review the motion.
In court, the judge basically humiliated me in front of everyone, telling me "I can't read this! There's over a hundred pages here!" And held up the motion and waved it around like a flag. This was before any request for a continuance was made.
The judge obviously had not read the motion, I am not sure how he was prepared to hear the case if it had not been continued (which I consented to).
I looked before submitting the declaration for any limits both formal or informal on the length of a declaration. I only found one reference, a court clerk's statement that there are no limits on the size of a declaration as long as one tries to write clearly and concisely and gets to the point. I did all of that, I had several other read it to make sure it made sense and was written well before I sent it in.
Now I am wondering if since the judge obviously doesn't want to read a long declaration, and it is clear now that he does not appreciate pro se litigants as he does attorneys, is he going to and is there any recourse if he dismisses or otherwise throws me out for reasons other than the merits of my case. I have proven all of the elements involved in my request for order, and cited case law that gives the judge jurisdiction and discretion to order for my case. But I am worried he won't even read it and will side with the other party simply because he has an attorney.
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