laboroflove11
Junior Member
What is the name of your state (only U.S. law)? Texas
I had a hearing which went against me without any factual evidence, and no material witnesses. I found in texas law through a previous post that I could petition for a De Novo hearing, which I did and I was granted the hearing.
I have a couple of questions.
1. The judge that the case was referred back to signed the order for a new hearing on a thursday, is there any reason why the clerk would wait 6 days to mail it? The hearing is now one week away and I have some witnesses to subpoena, and records to have released by subpoena. The time before the hearing is not sufficient to have the subpoenas be served.
2. Could I bring this matter back to the court for a continuance with this limited time, and I mention also here that by the protective order in place I can't communicate with the other party, and she doesn't have an attorney.
I feel that the lack of a timely mailing of the new hearing is adverse and does not show good faith being excercised in the matter of Justice being served. I had called the clerk's office late on the date the order for a new hearing was scheduled, and the conversation I had with the clerk was wishy washy at best. He recognized my name immediately, and then told me "a new hearing will be scheduled, as soon as the judge finishes the review. I called on the morning that the judge signed the order for a new hearing. I didn't receive any mail so on the fifth day I called the clerk again and he gave me the date and time and stated the notices would be mailed promptly, and in fact they were mailed the following day.
Could I question the clerk about when they mailed the notice to the other party? If there is a big difference in the mailing of the notice couldn't that be grounds to show the judge showed partiality?
As for the matters in the case, the associate judge who heard this case before accepted that the applicant was stating the truth. I have some major evidence that can refute that she is truthful. I am not sure I would want to bring it up in court, but I would think if she knew I knew and had evidence to prove the deceptions she had practiced she may be inclined to withdraw the suit. Furthermore her main witness, not really a witness to anything other than the applicants claims, hysterical, as they are, is a criminal who can be proven to be in violation of 2 serious federal offenses, and with the subpoenas for the proper witnesses, one of whom is the applicants child, old enough to testify, I believe the court would have no choice but disqualify the witness. On the day prior to the filing for the temporary order, I held a conversation, initiated by the primary witness, that was reassuring, and actually contained the statement "everything will be ok" and moments later after receiving her call she called the police department to report that I was harassing her by phone, and continued to make notification over the next few weeks, finally threatening to have a restraining order place to silence me. The police were not able to verify that I posed any threat, simply because none was ever given.
My hope is to package all I have discovered, including the knowledge of the crimes of both my wife and primary witness, and have them see the futility in their attempt to smear my name and good character. The attorney I had retained has since reviewed all the materials and has asked to withdraw on the reasoning that my case doesn't need her as a practitioner, any judge could assess the truth based on the facts which will be presented.
I had a hearing which went against me without any factual evidence, and no material witnesses. I found in texas law through a previous post that I could petition for a De Novo hearing, which I did and I was granted the hearing.
I have a couple of questions.
1. The judge that the case was referred back to signed the order for a new hearing on a thursday, is there any reason why the clerk would wait 6 days to mail it? The hearing is now one week away and I have some witnesses to subpoena, and records to have released by subpoena. The time before the hearing is not sufficient to have the subpoenas be served.
2. Could I bring this matter back to the court for a continuance with this limited time, and I mention also here that by the protective order in place I can't communicate with the other party, and she doesn't have an attorney.
I feel that the lack of a timely mailing of the new hearing is adverse and does not show good faith being excercised in the matter of Justice being served. I had called the clerk's office late on the date the order for a new hearing was scheduled, and the conversation I had with the clerk was wishy washy at best. He recognized my name immediately, and then told me "a new hearing will be scheduled, as soon as the judge finishes the review. I called on the morning that the judge signed the order for a new hearing. I didn't receive any mail so on the fifth day I called the clerk again and he gave me the date and time and stated the notices would be mailed promptly, and in fact they were mailed the following day.
Could I question the clerk about when they mailed the notice to the other party? If there is a big difference in the mailing of the notice couldn't that be grounds to show the judge showed partiality?
As for the matters in the case, the associate judge who heard this case before accepted that the applicant was stating the truth. I have some major evidence that can refute that she is truthful. I am not sure I would want to bring it up in court, but I would think if she knew I knew and had evidence to prove the deceptions she had practiced she may be inclined to withdraw the suit. Furthermore her main witness, not really a witness to anything other than the applicants claims, hysterical, as they are, is a criminal who can be proven to be in violation of 2 serious federal offenses, and with the subpoenas for the proper witnesses, one of whom is the applicants child, old enough to testify, I believe the court would have no choice but disqualify the witness. On the day prior to the filing for the temporary order, I held a conversation, initiated by the primary witness, that was reassuring, and actually contained the statement "everything will be ok" and moments later after receiving her call she called the police department to report that I was harassing her by phone, and continued to make notification over the next few weeks, finally threatening to have a restraining order place to silence me. The police were not able to verify that I posed any threat, simply because none was ever given.
My hope is to package all I have discovered, including the knowledge of the crimes of both my wife and primary witness, and have them see the futility in their attempt to smear my name and good character. The attorney I had retained has since reviewed all the materials and has asked to withdraw on the reasoning that my case doesn't need her as a practitioner, any judge could assess the truth based on the facts which will be presented.
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