I’ve filed and served a request for admissions which the Defendant”s attorney failed to answer within the 30 day period allotted by rule here in Oregon. The rules also state that a failure to answer the request will result in admission of the answers requested. From what I can glean from the rules, I now need to file a “Motion To Determine Sufficiency”. If I fail to file such a motion, can I simply ask the court to declare, at the outset of trial, that the defendant, by failing to answer the admissions request, has in fact admitted certain facts which I no longer must prove at trial?
Money changes people, but it also is changed itself. All cash is change. In Debt: The First 5,000 Years, David Graeber, drawing on British classicist Richard Seaford’s Money and the Early Greek Mind, suggests a link between the history of coinage and that of philosophy. The Greek city of Miletus was, around 600 BC, perhaps the first city where coins instead of credit were used in daily life. Around the same time, Thales, Anaximander, and Anaximenes were arguing that there was a universal substance that could turn into everything else—water, or air, or a special substance called the apeiron. They theorized that this material could, under different conditions, be transmuted into anything. The analogy is clearer if you think of gold as the universal substance The metal in a coin has its own physical characteristics, as do seashells or fire or the enormous stone disks of the isle of Yap. Owing to particular social circumstances, that metal has an additional property of being exchangeable for anything, provided you have enough of it and someone else has and will give up what you want. But here one runs into a contradiction that's vexed thinkers since the Axial Age. Are there fixed, natural reasons for gold to be worth something, or is it an arbitrary social convention? It’s been very important to a number of people to insist that there’s a particular value embodied in gold. This is a question about how much you can trust money.
Last month, Canada rolled out its federal carbon tax to four provinces, creating a new tax on all goods based on their total carbon footprint. While polluting less is a worthy goal for us all, the plan will only take money from taxpayers to fill government coffers. Instead of imitating Canada’s broad, ineffective tax, the United States should focus on promoting more responsible, lower emitting modes of power generation.
8. Don't forget to fill out the Pro Se Motion to Commence an Action Without Payment. Each court has a different standard of who can afford to pay, and who can't. People on SSI typically do not have to pay any fees. People who work may be asked to pay as much as $150. It's important to keep this in mind when your group is deciding who will be the plaintiff. The plaintiff should outline exactly why he thinks he should not have to pay fees. Look at the enclosed copy for an example of a person's form who did not have to pay fees.
Both of your suggestions are very helpful. It seems that if I were to appeal, it would not be for my upcoming Motion to Dismiss, because I understand that would be an ‘interlocutory’ appeal, and therefore not allowed. I also understand your point about the Judge & OC taking a pro se litigant much more seriously and cutting the nonsense by the very presence of a court reporter. In that respect, it makes a lot of sense in that a reporter may make an appeal unnecessary if the court decides to be reasonable and fair:)
When we get looped into living the same reel of life over and over again, it's hard to feel like we're accomplishing anything. Accomplishments--or at least the image of self-growth--are an easy way to boost our self-confidence. Combat this issue by challenging yourself with foreign circumstances. How you handle them--and how you excel--just might surprise you.
Jim Traficant, a former U.S. Representative from Ohio, represented himself in a Racketeer Influenced and Corrupt Organizations Act case in 1983, and was acquitted of all charges. Traficant would represent himself again in 2002, this time unsuccessfully, and was sentenced to prison for 8 years for taking bribes, filing false tax returns, and racketeering.
Self-Representation.—The Court has held that the Sixth Amendment, in addition to guaranteeing the right to retained or appointed counsel, also guarantees a defendant the right to represent himself. this a right the defendant must adopt knowingly and intelligently; under some circumstances the trial judge may deny the authority to exercise it, as when the defendant simply lacks the competence to make a knowing or intelligent waiver of counsel or when his self-representation is so disruptive of orderly procedures that the judge may curtail it. the essential elements of self-representation were spelled out in McKaskle v. Wiggins…
You should not ignore a debt collection lawsuit because you cannot find a lawyer. Hundreds of low income New Yorkers defend themselves in debt collection cases every single day, and many do so successfully. Luckily, a debt collection case is relatively simple and straightforward as compared to other kinds of legal problems. Debt collection attorneys often rely on the fact that unrepresented defendants do not know their rights. Fight back by educating yourself about your case! Read the information in these pages to familiarize yourself with the court process and the issues you will face as a pro se defendant (“pro se” means “without a lawyer”). If possible, consult with the NYC Financial Justice Hotline or another attorney to obtain individualized advice about potential defenses you may have. In our experience, a little information goes an incredibly long way.
If you ignore the summons, the plaintiff will almost certainly ask the court to award a judgment against you. This kind of judgment is called a “default judgment.” A default judgment usually awards the plaintiff everything that it asked for in the complaint, plus interest and court costs. The judgment will appear on your credit report, and it can stay there for up to twenty years if not satisfied. The judgment also gives the plaintiff the right to try to collect money from you by freezing your bank account or garnishing your wages. You can avoid a default judgment by filing an answer and appearing in court.
Still others, like Self-Represented Litigation Network founder Richard Zorza, emphasize simplification of legal processes, including changing or eliminating the procedural and evidentiary rules that make the process so difficult. For example, the Tennessee Supreme Court has approved plain-language forms and instructions, written at a fifth- to eighth-grade reading level, for use in uncontested divorces between parties with minor children.
Narrow exceptions to this principle have also been suggested by other courts in the United States. For example, according to one district court a state-licensed attorney who is acting as pro se may collect attorney's fees when he represents a class (of which he is a member) in a class action lawsuit, or according to another court represents a law firm of which he is a member. In each of those instances, a non-attorney would be barred from conducting the representation altogether. One district court found that this policy does not prevent a pro se attorney from recovering fees paid for consultations with outside counsel. Pro se who are not state-licensed attorneys cannot bring up a class action lawsuit.
Canon 2A. An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges, including harassment and other inappropriate workplace behavior. A judge must avoid all impropriety and appearance of impropriety. This prohibition applies to both professional and personal conduct. A judge must expect to be the subject of constant public scrutiny and accept freely and willingly restrictions that might be viewed as burdensome by the ordinary citizen. Because it is not practicable to list all prohibited acts, the prohibition is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code.
Then, participants were randomly assigned to either watch their own video or a female study confederate’s video, whom participants believed to be the previous study participant. After watching the storytelling video, participants completed an 8-item measure of how they felt while watching the (self or peer) video, which served as our primary measure of compassionate feelings. Specifically, participants rated eight feeling adjectives [relaxed, happy, sad (reverse-scored), proud, embarrassed (reverse-scored), irritable (reverse-scored), nervous (reverse-scored), peaceful] using 7-point Likert scales (1 = not at all to 7 = extremely). These items were summed to create a composite measure of compassionate feelings toward the self or other video (α = 0.83), with higher scores referencing higher compassionate feelings. Importantly, by asking participants, “How did you feel while watching your [the] video?” we were able to specifically probe feelings of self-compassion (or other-directed compassion) in response to this mildly embarrassing, impromptu storytelling playback. More positive feelings result from feelings of compassion, and less positive feelings reflect negative judgments and a critical response to the video. To evaluate the specificity of the self-compassionate feelings account, participants also completed a 9-item measure of their social perceptions in response to watching the storytelling video (see Leary et al., 2007, Study 4). Participants were asked to rate how they (or the peer) appeared in the video on nine performance dimensions [awkward (reverse-scored), confident, nervous (reverse-scored), creative, reasonable, competent, attractive, foolish (reverse-scored), likable] using 7-point Likert scales (1 = not at all to 7 = extremely) in response to the question, “How do you think you [the other participant] appeared on the video?” Like the compassionate feelings composite measure, the nine items were summed to create a composite measure of performance perceptions toward the self or other video (α = 0.83), with higher scores referencing higher social perceptions of performance during the storytelling task. Thus, we were able to measure two distinct aspects of self-compassion (and other-directed compassion): feelings of (self-) compassion and performance perceptions in response to the storytelling video. These behavioral ratings of self-compassion are positively related to trait self-compassion in previous work (Leary et al., 2007, Study 4). Participants completed a final demographics measure before being probed for suspicion, fully debriefed, and dismissed.
Some pro se litigants who are federal prisoners are subject to the Prison Litigation Reform Act. The American Civil Liberties Union (ACLU) has asserted: ""For over thirteen years, the Prison Litigation Reform Act has denied access to the courts to countless prisoners who have become victims of abuse, creating a system of injustice that denies redress for prisoners alleging serious abuses, barriers that don't apply to anyone else. It is time for Congress to pass legislation to restore the courts as a needed check on prisoner abuse." 54% of judges responding to a Federal Judicial Conference survey use videoconferences for prisoner pro se hearings.:29