David Jonathan
Member
... Minnesota (Hennepin County, fourth judicial district)
I have been involved in a civil case working in pro se, and have been getting nothing but crap from the plaintiff's attorney - first they dated some paperwork wrong - the attorney's legal assistant swore that on the 28th of feb she mailed the paperwork, the notary dated the paperwork for the 15th of march, as was the date on the actual paperwork as seen here ...
http://home.mn.rr.com/totaleclipse/plaintiffs_first_set.pdf ...
then in the next mailing I get from them, I get this ... http://home.mn.rr.com/totaleclipse/notice_deposition.pdf ...
wrong county, wrong district, and wrong judge named on the paperwork - I tried to contact the attorney before hand but was only able to get his legal aid to answer the phone, after hours, while she was out of town, and apparently very drunk, where she called me a "dumb ****" and stated that I didn't respect her because she was a female, and she also stated (I had to write this down because it was so ridiculous) "You can't handle the nomenclature of me being a woman" and during the deposition (I did go, rather then making matters worse for me in the courts eyes - even if that paperwork problem did mean I didn't have to go) every time I'd try to make an objection the attorney would interrupt me and say "there's no question before you" even if there was a question and I was objecting to it, he then stated (on the record) that I would have to supply the checks showing payment from an account that is not mine, or he would get a court order subpoenaing them and I would be forced to pay for it, then after the deposition was over he abruptly started to leave the room, when I asked when I'd be able to view and go over the transcript he told me to get my own copy and that they aren't free - there's an other $100ish I can't afford.
I also sent over my copy of the Interrogatories which I did find out were not in accordance with the rules of civil procedure (I sent 67 interrogatories when the rules state only 50 unless the court says otherwise) he sent me back stating he's refusing to answer ANY of the interrogatories without a court order, same thing for the document requests. Under the admissions, he (or his client) denied a certain aspect which can be seen clearly in the light of day just by looking at the document in question -
Every time I've been told to call this attorney by his legal aid, he states he doesn't want to talk to me and hangs up the phone - I can understand he doesn't have to talk to me, but at the same time, he could dismiss himself from the conversation in a more mature manor (that's my only beef with him)
so now there's a little background about how this attorney operates - bad paperwork, bad dates, abusive legal aid ...
Anyhow, my questions are these ...
does that bad paperwork mean anything (wrong county, wrong judicial district, wrong judge) and what can I do about it.
and ...
I contacted the judge's clerk to figure out how I can get a court order to make them answer the interrogatories and request for production of documents, but I'm wondering, is this something I will have to do in person, or can I do it by mail/fax/telephone
and ...
can I do anything about the attorney's abusive aide/assistant
and finally ...
can I do anything about the attorney's threatening attitude during the deposition?
Thanks in advance ...
--David Jonathan
if you would like to view all the documents pertaining to the case you can see them in PDF format here ...
http://home.mn.rr.com/totaleclipse/documents.html
I have been involved in a civil case working in pro se, and have been getting nothing but crap from the plaintiff's attorney - first they dated some paperwork wrong - the attorney's legal assistant swore that on the 28th of feb she mailed the paperwork, the notary dated the paperwork for the 15th of march, as was the date on the actual paperwork as seen here ...
http://home.mn.rr.com/totaleclipse/plaintiffs_first_set.pdf ...
then in the next mailing I get from them, I get this ... http://home.mn.rr.com/totaleclipse/notice_deposition.pdf ...
wrong county, wrong district, and wrong judge named on the paperwork - I tried to contact the attorney before hand but was only able to get his legal aid to answer the phone, after hours, while she was out of town, and apparently very drunk, where she called me a "dumb ****" and stated that I didn't respect her because she was a female, and she also stated (I had to write this down because it was so ridiculous) "You can't handle the nomenclature of me being a woman" and during the deposition (I did go, rather then making matters worse for me in the courts eyes - even if that paperwork problem did mean I didn't have to go) every time I'd try to make an objection the attorney would interrupt me and say "there's no question before you" even if there was a question and I was objecting to it, he then stated (on the record) that I would have to supply the checks showing payment from an account that is not mine, or he would get a court order subpoenaing them and I would be forced to pay for it, then after the deposition was over he abruptly started to leave the room, when I asked when I'd be able to view and go over the transcript he told me to get my own copy and that they aren't free - there's an other $100ish I can't afford.
I also sent over my copy of the Interrogatories which I did find out were not in accordance with the rules of civil procedure (I sent 67 interrogatories when the rules state only 50 unless the court says otherwise) he sent me back stating he's refusing to answer ANY of the interrogatories without a court order, same thing for the document requests. Under the admissions, he (or his client) denied a certain aspect which can be seen clearly in the light of day just by looking at the document in question -
Every time I've been told to call this attorney by his legal aid, he states he doesn't want to talk to me and hangs up the phone - I can understand he doesn't have to talk to me, but at the same time, he could dismiss himself from the conversation in a more mature manor (that's my only beef with him)
so now there's a little background about how this attorney operates - bad paperwork, bad dates, abusive legal aid ...
Anyhow, my questions are these ...
does that bad paperwork mean anything (wrong county, wrong judicial district, wrong judge) and what can I do about it.
and ...
I contacted the judge's clerk to figure out how I can get a court order to make them answer the interrogatories and request for production of documents, but I'm wondering, is this something I will have to do in person, or can I do it by mail/fax/telephone
and ...
can I do anything about the attorney's abusive aide/assistant
and finally ...
can I do anything about the attorney's threatening attitude during the deposition?
Thanks in advance ...
--David Jonathan
if you would like to view all the documents pertaining to the case you can see them in PDF format here ...
http://home.mn.rr.com/totaleclipse/documents.html