Before I answer the essence of your question, the Oregon Rules of Civil Procedure states and requires that “The request for admissions shall be preceded by the following statement printed in capital letters in a font size at least as large as that in which the request is printed: “FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS.” I will presume that you complied with that requirement when you submitted your requests for admissions as the rule states that it “shall” be done in this manner. Sometimes things can sound nit picky but if a party fails to do something that it is required to do and fails to do so, it gives the opposing side ammunition to attack the relief you are requesting that you feel you are entitled to. You are correct, since the opposing side failed to answer your request(s), you now need to file a “Motion to Determine Sufficiency”. You should advise the court in your motion that the opposing party has failed to answer your requests and ask the court to order that each of the matters are admitted. A motion to determine sufficiency is generally geared toward answers that were submitted but possibly not sufficient and parties then move the court to order the party to provide a “sufficient” answer, but since the opposing party failed to provide any answers in your case, you should advise the court of this fact in your motion and that you would like the court to issue an order deeming the matters as admitted. I presume when you say that the opposing party “failed to answer” you mean that the party didn’t answer at all. There is a difference between “failing to answer” and submitting an insufficient answer. Be clear to the court which one it is, if the party failed to answer, so state it, but if the party provided answers that were insufficient, you need to address it in that manner and ask the court to order the opposing party to provide sufficient answers. Be sure to include a copy of the requests for admissions that you served as an exhibit to your motion for the court’s ready reference. Also, under Oregon’s Rule 46A(4) you may apply for an award of expenses incurred in relation to the motion.
Reflecting on an important personal value in a self-affirmation exercise has been shown to have a broad range of beneficial effects across over 225 published studies (for reviews, see Sherman and Cohen, 2006; Cohen and Sherman, 2014). For example, a brief self-affirmation of an important personal value, such as writing about why you value friends and family, has been shown to buffer many different threats to the self, such as reducing rumination in response to failure feedback (Koole et al., 1999), lowering stress reactivity to social evaluation (Creswell et al., 2005, 2013), and in mitigating the effects of stereotype threat on academic performance in classroom settings (Cohen et al., 2006; Miyake et al., 2010). Despite this large body of work, the mechanisms of self-affirmation are not well specified, and currently two theoretical perspectives have been offered to explain how self-affirmation exerts its effects. A longstanding theoretical perspective posits that self-affirmation boosts one’s self-image for coping with self-threats (Sherman and Cohen, 2006). Although some studies provide support for this self-resources account (e.g., increasing self-esteem and self-regulatory strength; Schmeichel and Vohs, 2009; Sherman and Hartson, 2011), empirical support for this mechanistic explanation has been limited (Sherman and Cohen, 2006; Crocker et al., 2008). In contrast, a more recent theoretical perspective offers that self-affirmation enables one to transcend self-image concerns by increasing other-directed feelings (Crocker et al., 2008). In one influential study, Crocker et al. (2008) showed that affirmed participants reported greater feelings of love and connection, and that these feelings statistically explained how self-affirmation reduced defensiveness to a threatening health message.
To test the hypothesis that self-affirmation increases pro-social behavior, participants provided two measures of helping behavior (see Measures). First, participants completed an indirect survey measure of hypothetical charitable giving. Second, participants’ helping behavior was measured in response to a surprise shelf-collapse incident that occurred while they completed some final questionnaires. The experimenter waited 1 min after the completion of these questionnaires before re-entering the room to pick up the fallen shelf items if participants had not already done so. Participants were then probed for suspicion (none were suspicious about the shelf-collapse incident), debriefed, and dismissed.
Federal courts can impose liability for the prevailing party's attorney fees to the losing party if the judge considers the case frivolous or for purpose of harassment, even when the case was voluntarily dismissed. In the case of Fox v. Vice, U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims." Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction. Pro se still has a right to appeal any order for sanctions in the higher court. In the state courts, however, each party is generally responsible only for its own attorney fees, with certain exceptions.
As an indirect measure of pro-social behavior, participants completed a spending survey, allocating 100% of one’s income to nine categories (bills, food, clothing, luxury items, recreation, charitable giving, travel, gifts, housing). Importantly, the category of charitable giving was used as a covert measure of pro-social behavior (Piff et al., 2010, Study 2), with higher percentages indicating greater desire for charitable spending.
(D) Remittal of Disqualification. Instead of withdrawing from the proceeding, a judge disqualified by Canon 3C(1) may, except in the circumstances specifically set out in subsections (a) through (e), disclose on the record the basis of disqualification. The judge may participate in the proceeding if, after that disclosure, the parties and their lawyers have an opportunity to confer outside the presence of the judge, all agree in writing or on the record that the judge should not be disqualified, and the judge is then willing to participate. The agreement should be incorporated in the record of the proceeding.
Self-affirmation (vs. control) participants had a significantly greater increase in feelings of state compassion pre–post writing. Specifically, a one-way ANOVA (condition: self-affirmation or control) revealed a significant difference in state compassionate feelings [F(1,50) = 4.23, p = 0.05, η2 = 0.08]: self-affirmation participants had a greater pre-post-writing change in state compassion (M = 1.84, SD = 3.3) compared to control participants (M = -0.11, SD = 3.52). A 2 (condition: self-affirmation or control) × 2 (time: pre- and post-writing) repeated measures ANOVA [affirmation X time interaction F(1,50) = 4.23, p = 0.05, η2 = 0.08] yielded the same effect as the one-way ANOVA using the affect change score: self-affirmation increased state compassion pre-post-writing, compared to the control group.
It was very nice of Kenn to share all that esoteric knowledge regarding the litigation process. I think most lawyers would only be interested in non disclosure of their dirty tricks, so many thanks to Kenn. I have not made the decision of going pro se, but even if I don't, the book is still worth to read to attain some understanding of what is going on behind the scenes in one's lawsuit.
Taking part in a recent ribbon cutting in Brooklyn are, from left, Lynn Kelly, executive director of the City Bar Justice Center; Debra L. Raskin, New York City Bar Association president; Chief Judge Carol B. Amon, Eastern District of New York; Magistrate Judge Lois Bloom; and Nancy Rosenbloom, director of the Federal Pro Se Legal Assistance Project.
The plaintiff has to present quite a lot of evidence in order to meet its burden of proof. This evidence is often difficult or expensive for the plaintiff to produce. If your debt is old, or if it has been bought and sold multiple times, evidence of your debt may not exist at all. It is almost always much easier and cheaper for the plaintiff to negotiate a settlement with you than to come up with all the evidence needed to meet the burden of proof. That is why the plaintiff will nearly always want you to agree to a settlement.
There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Dr. Julio Perez (District of Southern New York 10-cv-08278) won approximately $5 million in a federal jury trial from Progenics Pharmaceuticals for wrongful termination as a result of whistleblowing; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate Insurance in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial. Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by one of its ministers.
The Supreme Court noted that "[i]n the federal courts, the right of self-representation has been protected by statute since the beginnings of our Nation. Section 35 of the Judiciary Act of 1789, 1 Stat. 73, 92, enacted by the First Congress and signed by President Washington one day before the Sixth Amendment was proposed, provided that 'in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.'"