Hold My Hand Please

[waitinMd]

Cjane, I'm not sure if you ever looked at http://www.courts.mo.gov/casenet/cases/nameSearch.do

but if you look up your case by last name, click on your case number and then select the Parties and Attorneys tab, his atty should still be listed??

 

[CJane]

Cjane, I'm not sure if you ever looked at http://www.courts.mo.gov/casenet/cases/nameSearch.do

but if you look up your case by last name, click on your case number and then select the Parties and Attorneys tab, his atty should still be listed??

It is. His attorney's office is actually about 5 blocks from my house... I just don't know if he's still the attorney of record. But, I suppose he is unless he's withdrawn, yes?

 

[waitinMd]

yeh, unless he withdrew. I know on our website for judiciary case search, it will update that page and list that they have withdrawn.

Goodluck! I will pray for you.

 

[MrsK]

I dont have any help for you, CJane, but best of luck with all of this.

 

[LdiJ]

Can I just drop the copy for his attorney off in person? The Sheriff's office is in the same building as the Courthouse. I'll just go down the hall tomorrow and ask them how to have someone served.

Sure, that is perfectly acceptable.

I can see it now.

He'll ask for a new judge, full custody, and for me to pay for his attorney fees.


If SMom gets served instead, since she's the one who's home 99% of the time, that still counts, yes? It says in the rules of civil procedure that serving ANYONE IN THE HOUSEHOLD who is over 15 counts as service.

Off course he is going to do something like that....but its not going to fly, you have him COLD on so many issues of contempt that he will be lucky if he doesn't face some really serious fines. No way are you going to get ordered to pay his attorney.

Plus, he will WAY underestimate you, because he is dumb enough to think his attorney can walk all over you if you don't have one.

Yes, it counts if SMom gets served at the house.

 

[waitinMd]

BTW, when my atty filed show cause orders (2 were filed), she never responded, she showed in court.

 

[profmum]

CJane, since this is a motion of contempt and show cause, sending it to his attny seems to be the way to go. That way it is documented, if you have all the documents electronically and you are going pro se (I 'm sorry I don't remember if you are or not), you can send it to his attorney electronically as well. Serving the ex or SMum, may not be necessary BUT to cover your bases, your local sheriff's office should be able to help you. The police is very helpful, when you ask for legitimate help.

Sounds like this is the start of many big positive changes to come.. good luck and we are here for you!! Hunker down as the $%$# hits the fan tomorrow with Stupidhead!

 

[Accountable]

This is purely from a civil litigation point of view (sorry), but I would suggest calling his attorney to see if he will agree to accept service. If not, take it to the sheriff for service on stupidhead personally. My thinking is that - If there are no other pending matters on your case since you won the appeal, then isn't the case considered closed? If so, then a formal withdraw by his attorney may not be necessary and he may no longer be on retainer. Of course, we know stupidhead probably has him on speed-dial, but if this attorney has any self-respect, he may refuse to represent stupidhead any further.

 

[CJane]

This is purely from a civil litigation point of view (sorry), but I would suggest calling his attorney to see if he will agree to accept service. If not, take it to the sheriff for service on stupidhead personally. My thinking is that - If there are no other pending matters on your case since you won the appeal, then isn't the case considered closed? If so, then a formal withdraw by his attorney may not be necessary and he may no longer be on retainer. Of course, we know stupidhead probably has him on speed-dial, but if this attorney has any self-respect, he may refuse to represent stupidhead any further.

Oh no, his attorney has a HUGE hard on for proving me unfit. He's represented Stupidhead since the divorce and used to be a real hot-shot around here. Of course, he's about 110 years old now, but is trying to make his name as a Father's Rights attorney these days... his son is a judge ... so I'm thinking he's not going to withdraw any time soon.

In other news, per some excellent advice, I'm reworking my filing this morning so I can get it to the court house this afternoon, hopefully.

I have a question though... I bought 3-ring binders today, made all my copies of my evidence, and bought tabs to divide the stuff in the binders. I bought "Legal Evidence Tabs" - but there was a choice between lettered ones and numbered ones.

It's possible that I'm getting bogged down in minutiae, but I bought the lettered ones. Were those the right ones? Does it matter?

 

[Ohiogal]

yeh, unless he withdrew. I know on our website for judiciary case search, it will update that page and list that they have withdrawn.

Goodluck! I will pray for you.

Not ALWAYS! If the case was closed then they are not the attorney of record for a new action.

 

[CJane]

Not ALWAYS! If the case was closed then they are not the attorney of record for a new action.

So, in your most humble ( ) opinion, I should have stupidhead served rather than via his attorney? I don't have a problem with either, just don't want to screw it up on my first try.

Also, I have all of my evidence/supporting documents copied and ready to be sorted into binders. Do I include those as part of the filing and therefore serve stupidhead with them? Or does he have to request them as a discovery motion?

 

[waitinMd]

Not ALWAYS! If the case was closed then they are not the attorney of record for a new action.

I didn't know that, Thank you.

 

[ezmarelda]

All I can offer is a *hug* and much luck...keep in mind the one about giving someone too much rope...I have noticed that the crazier they are the more rope it seems to take but the end result is usualy quite a wonderous site to behold

 

[Accountable]

Oh no, his attorney has a HUGE hard on for proving me unfit. He's represented Stupidhead since the divorce and used to be a real hot-shot around here. Of course, he's about 110 years old now, but is trying to make his name as a Father's Rights attorney these days... his son is a judge ... so I'm thinking he's not going to withdraw any time soon.

In other news, per some excellent advice, I'm reworking my filing this morning so I can get it to the court house this afternoon, hopefully.

I have a question though... I bought 3-ring binders today, made all my copies of my evidence, and bought tabs to divide the stuff in the binders. I bought "Legal Evidence Tabs" - but there was a choice between lettered ones and numbered ones.

It's possible that I'm getting bogged down in minutiae, but I bought the lettered ones. Were those the right ones? Does it matter?

Courts will usually have local rules that list that court's preferences on how things are presented for filing. However, I think you will be safe using either the letter or number tabs as long as any references you make in the text of your pleadings to the exhibits accurately correspond to the letter or number used in the exhibit binder.

 

[casa]

Sure, that is perfectly acceptable.





Off course he is going to do something like that....but its not going to fly, you have him COLD on so many issues of contempt that he will be lucky if he doesn't face some really serious fines. No way are you going to get ordered to pay his attorney.

Plus, he will WAY underestimate you, because he is dumb enough to think his attorney can walk all over you if you don't have one.

Yes, it counts if SMom gets served at the house.

I agree.

Good Luck Cjane...remember to take 3 big steps back before he implodes!