What is the name of your state (only U.S. law)? KS
I am the parent of a juvenile and a party Pro'se to the litigation in his proceedings. We are proceeding under Chapter 38, which is the juvenile statutes. I requested from the court in writing (informally) to allow me access to my court records in this case. They refused stating that the proceedings are confidential and not public. I then requested to allow me access under supervision so that I can check/research my case file for an upcoming hearing. Again they refused. I then contacted the person in charge of court records at the court house. He responded to both me and the Judge (cc
with the below message:
"If you are a party in the case the court would likely direct the Clerk of the District Court to provide you copies of everything the court believes you are entitled to receive. You need to contact the court and request the reproduction or access to information. Child-In Need-Cases and proceedings are highly confidential matters and public access to case information and documents to highly restricted."
My questions please:
1) I would think that there are rules (perhaps Federal rules of discovery) that entitle a party to their case file in preperation for a case. The Assistant DA and Guardian Adlitem have access to this information, but not me. What if any is the Federal or State rule entitling me to this information?
2) Would this be grounds for recusal, as the Judge appears to be prejudiced against me and is using the case file against me, but not allowing me to have access to it?
3) In my case, the term 'Clear and Convincing' comes up a lot and is thrown around alot. Is there a test for what is exactly "clear and convincing"?
Many thanks.
I am the parent of a juvenile and a party Pro'se to the litigation in his proceedings. We are proceeding under Chapter 38, which is the juvenile statutes. I requested from the court in writing (informally) to allow me access to my court records in this case. They refused stating that the proceedings are confidential and not public. I then requested to allow me access under supervision so that I can check/research my case file for an upcoming hearing. Again they refused. I then contacted the person in charge of court records at the court house. He responded to both me and the Judge (cc
with the below message: "If you are a party in the case the court would likely direct the Clerk of the District Court to provide you copies of everything the court believes you are entitled to receive. You need to contact the court and request the reproduction or access to information. Child-In Need-Cases and proceedings are highly confidential matters and public access to case information and documents to highly restricted."
My questions please:
1) I would think that there are rules (perhaps Federal rules of discovery) that entitle a party to their case file in preperation for a case. The Assistant DA and Guardian Adlitem have access to this information, but not me. What if any is the Federal or State rule entitling me to this information?
2) Would this be grounds for recusal, as the Judge appears to be prejudiced against me and is using the case file against me, but not allowing me to have access to it?
3) In my case, the term 'Clear and Convincing' comes up a lot and is thrown around alot. Is there a test for what is exactly "clear and convincing"?
Many thanks.