His Attorney adding things in that were not ordered!!!

[angeleyzad]

What is the name of your state? ME

Okay, I got the proposed order that his attorney had to write up for our contempt hearing last Friday. I was not found in contempt, and the only relief that they had requested in court (attorney and court fees) was denied.

That $*&% of a lawyer has added in more relief in his write-up...is there anything that I can do about this?

As I am Pro Se, during our modification last Decmember, I had sent a letter to the judge with a copy of the final order that I felt more correctly reflected what the judge had ordered, and when we got the final order signed, low and behold, the judge signed my copy of the final order, not his lawyer's.

I guess my question is this...Is he able to request this additional relief that he did not ask for in the hearing, and have it ordered?

I would like to send a letter to the judge regarding this, or at least to the court clerk, to be given to the judge so that he knows that I am against it.

 

[angeleyzad]

the letter I'd send...

This is what I would send...

Dear Honorable Judge XXX,

I am in receipt of Attorney XXXX’s rendition of the final Order for the Defendant’s Motion for Contempt.

I am sending this letter to you, as there is relief added into the final Order that was not requested, or granted, during the hearing on Friday, March 11, 2007 at 2:00 pm. I am in objection to the addition of the following relief:

“In light of the court’s ruling that Mr. XXXX’s interpretation is correct, the Court will award Mr. XXXX an extra weekends visit of his choosing to make up for the one that he was wrongfully denied and to reset the schedule back to the sequence originally contemplated by the Court in it’s Order of December 27, 2006. Mr. Whitehouse will give Ms. XXXX 30 days notice of the weekend he chooses.”

Your Honor had questioned the Defendant as to what relief that he was requesting, at which time he did not request to be awarded a make-up weekend, or to have the schedule be immediately adjusted. It was stated by Attorney XXXX that the relief they requested was only for an award of attorney and court fees. This was denied by Your Honor. Any further relief should have been requested during the hearing, not afterwards as he is now doing. By requesting this relief after the hearing, there can be no rebuttal as to the reasons that this relief should not be ordered. It appears that this additional relief is only now being requested because the relief of attorney fees was denied.

Furthermore, Mr. XXXX has in fact NOT lost a weekend as he has claimed. On the schedule that we are currently on, he has the children for a total of 7 weekends between February vacation and the start of his summer vacation. Mr. XXXX would have still had 7 weekends had we used his interpretation for the adjustment after February vacation. As Attorney XXXX pointed out during the hearing, the schedules will eventually adjust such that the children will be on the extended family’s weekends.

Wherefore, I respectfully request that Your Honor deny Attorney XXXX's addition to the court order, as it was neither requested nor ordered during the hearing.


Very Truly Yours,

XXXXX
Plaintiff, Pro Se

 

[LdiJ]

What is the name of your state? ME

Okay, I got the proposed order that his attorney had to write up for our contempt hearing last Friday. I was not found in contempt, and the only relief that they had requested in court (attorney and court fees) was denied.

That $*&% of a lawyer has added in more relief in his write-up...is there anything that I can do about this?

As I am Pro Se, during our modification last Decmember, I had sent a letter to the judge with a copy of the final order that I felt more correctly reflected what the judge had ordered, and when we got the final order signed, low and behold, the judge signed my copy of the final order, not his lawyer's.

I guess my question is this...Is he able to request this additional relief that he did not ask for in the hearing, and have it ordered?

I would like to send a letter to the judge regarding this, or at least to the court clerk, to be given to the judge so that he knows that I am against it.

You do the same thing that you did in September. You send in an order that you believe more correctly reflects what was ordered. If you don't do that, the judge is likely to sign off on his attorney's version.

 

[angeleyzad]

You do the same thing that you did in September. You send in an order that you believe more correctly reflects what was ordered. If you don't do that, the judge is likely to sign off on his attorney's version.

Thanks. Do you know if it's legal (or lawful) for him to do this? Add something in for the judge or ofer after the trial?

 

[angeleyzad]

You do the same thing that you did in September. You send in an order that you believe more correctly reflects what was ordered. If you don't do that, the judge is likely to sign off on his attorney's version.

Okay, another question - I'm re-writing the order, such that it does not include the added relief. After that paragraph, he has...

The Clerk is specifically directed, pursuant to M.R.Civ.P.Rule 79(a), to enter this Order on the civil docket by a notation incorporating it by reference.

The Clerk shall enter this Order on the Docket by reference.

As far as I can see, this is in reference to the added relief that he's requesting. Should I leave this out of my copy? Since this is not an order? (or an amendment to the order)

Here's the rule...

M.R.Civ.P. Rule 79(a) Civil Docket. The clerk shall keep the civil docket, and shall enter therein
each civil action to which these rules are applicable. Actions shall be assigned
docket numbers. Upon the filing of a complaint with the court, the name of each
party and each trustee, and the name and address of the plaintiff’s attorney shall be
entered upon the docket. Thereafter the name and address of the attorney appearing
or answering for any defendant or trustee shall similarly be entered. All papers
filed with the clerk, all appearances, orders, verdicts, and judgments shall be noted
chronologically upon the docket and shall be marked with the docket number.
These notations shall briefly show the nature of each paper filed or writ issued and
the substance of each order or judgment of the court and of the returns showing
execution of process. In the alternative the notation of an order or judgment may
consist of an incorporation by reference of a designated order, judgment, opinion
or other document filed with the clerk by the court, provided that the notation
shows that it is made at the specific direction of the court. The notation of an order
or judgment shall show the date the notation is made.

 

[GrowUp!]

This is what I would send...

Umm...you do NOT write letters to the Judge.

If you are objecting to the actions of the court or the other party, then you file the appropriate legal documents (motions, etc.). If the other party's lawyer found out about this, they could motion the court for sanctions against you, if state statutes allow for it.

You REALLY need to learn the procedures. That is your responsibility as pro se.

 

[angeleyzad]

Another quick question...

Okay, just another quick question. I have revised the proposed order denying the motion for contempt, leaving out the added relief that ex's attorney put in, and said that no further relief is ordered. I have my letter to the judge, as well as a basic cover letter to the clerk, which does not go into as much detail as the letter to the judge. I guess I'm now wondering if I should just combine the letter to the judge/clerk, address it just to the clerk, with the request that she bring it up to the judge. I am going to call the clerk as soon as the court opens, but I'm not sure if she can tell me anything.

This judge was only going to be at my court through Wednesday, so I'm not sure how that will work.

If in the event the judge signs the order with the added relief, is that something that would be grounds for appeal?

 

[angeleyzad]

Umm...you do NOT write letters to the Judge.

If you are objecting to the actions of the court or the other party, then you file the appropriate legal documents (motions, etc.). If the other party's lawyer found out about this, they could motion the court for sanctions against you, if state statutes allow for it.

You REALLY need to learn the procedures. That is your responsibility as pro se.

This is what I was thinking about last night, as my last question stated...I put both letters into one, and address it to the clerk. In Ex's attorney's letter, it states to please bring it up to the judge, where he's requesting the added relief.

 

[GrowUp!]

This is what I was thinking about last night, as my last question stated...I put both letters into one, and address it to the clerk. In Ex's attorney's letter, it states to please bring it up to the judge, where he's requesting the added relief.

What you do is file the appropriate motion/response objecting/dismissing/whatever the other party's motion citing the ruling, statutes and/or case law.

One does NOT write letters to the Judge or clerks.

 

[angeleyzad]

What you do is file the appropriate motion/response objecting/dismissing/whatever the other party's motion citing the ruling, statutes and/or case law.

One does NOT write letters to the Judge or clerks.

Okay, I know what you are saying. This is the issue, and what I was told to do by his attorney last time. His attorney did not add a provision into the final order he was told to draft by the judge. When he showed it to me, I asked him to add in the provision, but he refused, and told me that I should file my own copy of the final order, then the judge would decide which order he wanted to sign. I did that, put in a cover letter to the clerk, with the issue regarding the provision he left out, and sent a copy of the order...which happened to be the exact order as his attorney, just added in the wording for the provision. The judge signed my copy as the final order.

That is basically what I am doing again - his attorney has added relief to his client in the final order that was not granted in court. I am sending a copy of the final order for the judge to sign that does not have this relief. I am putting a cover letter to the clerk, so that she knows why I am sending it in, with the same request that his attorney put in his cover letter - that it be brought to the attention of the Judge. I cannot wait until the judge signs his order and it goes into effect, as it will basically mean that I will have no weekends with the kids from now through the start of summer.

 

[angeleyzad]

Okay, I just talked to the Clerk at the courthouse. I know that they cannot give legal advise. This is what she told me. That I would need to file an objection to the proposed order, stating why I was objecting it, and not include a copy of the order for the judge to sign. That the judge would ask for a new copy to be written or would write one himself.

I guess I'm unsure on where I would find rules/laws governing the addition of information that was not granted during the hearing. I have read through the civil procedures, and cannot find an area that discusses this issue. Any thoughts on where I could find info on this? (or if any rules such as this exist)?

 

[LdiJ]

Okay, I just talked to the Clerk at the courthouse. I know that they cannot give legal advise. This is what she told me. That I would need to file an objection to the proposed order, stating why I was objecting it, and not include a copy of the order for the judge to sign. That the judge would ask for a new copy to be written or would write one himself.

I guess I'm unsure on where I would find rules/laws governing the addition of information that was not granted during the hearing. I have read through the civil procedures, and cannot find an area that discusses this issue. Any thoughts on where I could find info on this? (or if any rules such as this exist)?

I think that you are over analysing this. Just object to the added relief included in the order that his attorney wrote, based on the fact that it was not ordered in court.

 

[angeleyzad]

I think that you are over analysing this. Just object to the added relief included in the order that his attorney wrote, based on the fact that it was not ordered in court.

That's what I thought - but GU was telling me in no way should I send a letter to the court, to the clerk or Judge. The clerk told me when I called to submit an objection to his proposed order. I have a paralegal looking into if there is a rule or something that I can site in my reasoning behind all this.

I am tempted to just follow the same procedure I did previously (back in December) and send the letter to the clerk and my copy of the proposed order, but I don't want it to backfire on me.

 

[GrowUp!]

That's what I thought - but GU was telling me in no way should I send a letter to the court, to the clerk or Judge. The clerk told me when I called to submit an objection to his proposed order. I have a paralegal looking into if there is a rule or something that I can site in my reasoning behind all this.

I am tempted to just follow the same procedure I did previously (back in December) and send the letter to the clerk and my copy of the proposed order, but I don't want it to backfire on me.

Yes, I did tell you -- and did LdiJ -- Object to it. I have told you numerous times what you FILE -- and it's not a cover letter or letter to the clerk, judge, intern or bailliff's.
This is the problem with pro se's (not that I was perfect at the start), but when you come on here and say you don't know how to find statutes and procedures and other VERY IMPORTANT stuff you MUST know -- and are legally bound to know -- then that is extremely problematic for you. Quite honestly, if I was the other party, I'd insist my attorney hop all over that and take advantage of it.
Learning the basic stuff is not difficult at all. But it seems you don't even know that.

Go ahead and send a letter...but you best serve it to the other party's counsel as well. But be prepared on how the attorney responds/reacts to such communication.

 

[angeleyzad]

Yes, I did tell you -- and did LdiJ -- Object to it. I have told you numerous times what you FILE -- and it's not a cover letter or letter to the clerk, judge, intern or bailliff's.
This is the problem with pro se's (not that I was perfect at the start), but when you come on here and say you don't know how to find statutes and procedures and other VERY IMPORTANT stuff you MUST know -- and are legally bound to know -- then that is extremely problematic for you. Quite honestly, if I was the other party, I'd insist my attorney hop all over that and take advantage of it.
Learning the basic stuff is not difficult at all. But it seems you don't even know that.

Go ahead and send a letter...but you best serve it to the other party's counsel as well. But be prepared on how the attorney responds/reacts to such communication.

I was advised by the opposing attorney back in December to file a copy of the order that I felt reflected what the Judge said...to which I did (and yes, I copied the other party - I know that all communication has to be copied to the other party). I added a cover letter to the clerk (not just sending an order without saying what it's for) in which I said why I was submitting an order, that the opposing councel refused to add the correct provision. The judge signed my version of the order. That was basically what i was going to do here - send a letter addressed to the Clerk, with the reason why I was sending a copy of the proposed final order (that opposing councel added relief that was not asked for or granted during the hearing. I was using his (opposing attorney) same format, the same way that I did back in December. I cannot see how that is incorrect, or how that would bite me. I would be communicating the same way that he is.

I am basically submitting an objection to his extra relief the opposing councel has taken the liberty to add into the order, and giving the Judge another copy of the Proposed Order (same as Defendant's attorney's order, just leaving out the extra relief.

And, I do have a paralegal looking into any statute or rule that I can use, I have combed through the civil procedures, and cannot find anything regarding the attorney adding in extra relief for their client in the proposed order. By the way, I do know how to look for the statutes and rules, and how to write the basic orders and motions. What I was commenting on was finding something specific against what ex's lawyer was doing - adding something in that was not ordered. There was nothing in the civil procedure rules that talked about that specific incident.