How to Appear in a Lawsuit as a John Doe

[flyingron]

Who said fairfax county???

The person in the first reply. I misunderstood that to be the court district he was involved with.

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He can not appear telephonically. Only lawyers are given that option in Virginia courts.

I can't appear for you. I (as with the vast majority of posters here) am not a lawyer.

[ManOfManyQuestions]

Okay, this is too confusing not to ask?

How did you file an appeal? Do you even know what an interlocutory appeal is? Do you understand when you can file one? Do you understand what the standard of review is? How did you pay the filing fee which is many hundreds of dollars? You could not have possibly gotten leave to proceed in forma pauperis as a John Doe. That very idea is hilarious. How are you going to pay the clerk to prepare the record? How are you going to pay for the transcript?

Do you mean you filed a Motion for Rehearing or Motion for Reconsideration with the circuit court?

Why didn't you appear by telephone? (OKAY, I have been told in Virginia only lawyers can do that. Bummer. Have never seen a rule on it where I am.)

Actually, you can appear by mail. You can submit the oral argument by mail. It is usually only done in cases of incarcerated persons. The prison doesn't transport them for a civil hearing, except perhaps for a subpeona or bench warrant, but probably not even then. Of course, they aren't John Does. No idea really if that will work in your state, but nobody has any better ideas.

No clue about anything you said in paragraph one. We filed a notice of appeal with the circuit court and sent a 20 dollar payment which is the filing fee. It was updated to the docket and has suspended the release of our name to this date. There is no transcript because there is no court reporter, instead a written statement of facts will be the next move, which will consist of the proceedings to date and the result.

You don't pay the clerk to prepare the record?

I spoke with the clerk of the supreme court and he sent me detailed instructions of how to file...I am doing it by his instruction.

The judge denied our fair play in court, he should have ruled on the motions on there merits since he signed this bogus subpoena...the plaintiff is using the court and should be subjected to heavy penalties yet we are the ones who feel like we are being penalized...

[cmre3456]

The judge denied our fair play in court, he should have ruled on the motions on there merits since he signed this bogus subpoena...the plaintiff is using the court and should be subjected to heavy penalties yet we are the ones who feel like we are being penalized...

No, you're not really listening. You lost by default by not appearing. You have to appear, or have an attorney appear for you and the attorney could represent John Doe and not reveal your name.

The judge was following the law.

I'm still at a complete loss as to what your basis for appeal is. You can appeal only mistakes the court made which already happened. I haven't seen any mistakes made by the court, but maybe you have something?

[ManOfManyQuestions]

No, you're not really listening. You lost by default by not appearing. You have to appear, or have an attorney appear for you and the attorney could represent John Doe and not reveal your name.

The judge was following the law.

I'm still at a complete loss as to what your basis for appeal is. You can appeal only mistakes the court made which already happened. I haven't seen any mistakes made by the court, but maybe you have something?

Where does the law say, you must retain counsel to proceed in a case? We are pro se...meaning no lawyer, we are BROKE!!!

The guy wants our name so he or some other thug can come hurt us...FACT. He has threatened as have others. We exposed cheating, massive amounts...money is involved in the cheating...these people don't like that. So they are trying to silence us.

Just because we are broke he gets to violate our first amendment and then hope for someone to break or legs or worse?

[cmre3456]

Where does the law say, you must retain counsel to proceed in a case? We are pro se...meaning no lawyer, we are BROKE!!!

You don't have to retain counsel, but you have to appear. If you appear in person, you give up your identify. If an attorney appears for you, he doesn't have to give it up. He can represent John Doe.

The guy wants our name so he or some other thug can come hurt us...FACT. He has threatened as have others. We exposed cheating, massive amounts...money is involved in the cheating...these people don't like that. So they are trying to silence us.

See above.

Just because we are broke he gets to violate our first amendment and then hope for someone to break or legs or worse?

He's not violating anything. You are losing by default by not appearing. The court is following the law.

What part of the first amendment do you believe is being violated by the court? If you want to argue your first amendment rights, you have to appear in court to do it. You've been sued. You have to defend. You have to appear yourself or have an attorney do it for you to defend or you lose by default.

That's the law, and that's the process.

That's it. I'm finished.

[ManOfManyQuestions]

Can anyone help us file a petition for appeal?

[cmre3456]

Can anyone help us file a petition for appeal?

We aren't attorneys, and certainly not licensed to practice law in Virginia. We can give you only opinions.

You can if you wish find many samples of appeals via google. However just remember if you do it yourself you give up your identity. The plaintiff may already have your identity via your ISP. If not he probably soon will.

[ManOfManyQuestions]

The appeal will be based around the fact that the circuit court of virginia does not have personal jurisdiction to hear the case, in as much the motion to quash was based around this.

The circuit court judge failed to hear our motion due to the fact that we were john doe and also pro se. I believe the judge acted poorly as our appearance at a hearing would not have advanced our position and was un necessary in regards to jurisdiction.

[jk]

ManOfManyQuestions;629446]The appeal will be based around the fact that the circuit court of virginia does not have personal jurisdiction to hear the case, in as much the motion to quash was based around this.

that is an issue that has to be addressed in your first response. It would appear by all the various activities you have accepted the court as having jurisdiction.

The circuit court judge failed to hear our motion due to the fact that we were john doe and also pro se.

No. They failed to hear your motion because you failed to attend the hearing. Being pro se has no bearing on the issue and there shouldn't be a problem with being known as John Doe, if you address it properly.

I believe the judge acted poorly as our appearance at a hearing would not have advanced our position and was un necessary in regards to jurisdiction.

fine and dandy but that is a different issue than objecting to jurisdiction or arguing you were treated unfairly because you didn't attend a hearing. I don't know the rules of the court involved but if you believe there should have been a ruling on your jurisdiction issue without a hearing, that is what you need to attack but again, it is likely too late as you have already jumped into this as if they do have valid jurisdiction.

[ManOfManyQuestions]

JK every argument we have posed has been JURISDICTION. How have we then agreed upon JURISDICTION?

Motion to Quash = Jurisdiction
First line from our Motion to Quash

1. The undersigned was not the direct recipient of the subpoena at issue in this case,
but is instead an end user of the above named Internet Service Provider (ISP), but
has standing to file this motion to quash pursuant to the personal right and
privilege of protection information, identity, rights of jurisdiction, and undue
burden of travel. See Smith v Midland Branke, Inc 162 F.R.D. 683, 685 (D. Kan.
1995).

Protective Order=JURISDICTION

From the Protective order Motion...

This motion is pursuant to Rule 37, F. R. Civ Pr. And is for a protective order to be issued in the above styled case, and files this motion not to make an appearance, but to contest personal jurisdiction, and is made by the undersigned who states that: