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ExpertLaw Forum - Help With Your Legal Questions
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Here's how it went down: judge picked up your motion, read the first line out loud for the record, and your opponent said "objection Your Honor, the motioner isn't present to argue the motion". Judge said "is the petitioner or counsel present?" Insert sound of crickets here. Judge paused a few seconds, and said "motion denied".
Just like police reports aren't evidence in criminal cases because they can't be cross examined, motions don't get SENT to the court, they get ARGUED before the court. Not being there to argue it, or having an attorney appear to argue it on your behalf, means that the objection is going to win the day every time and the motion dies, no matter how good of a motion or the grounds for the motion.
As cmre has told you until blue in the face, you're being sued. That means one of 3 things happens. One, you show up to defend yourself. Or, two, you have an attorney appear on your behalf. Or, three, you loose. You have every right not to show up to a civil proceeding against you - but the part you're not understanding is that if a defense isn't presented on your behalf, by yourself or your legal counsel, IN THE COURTROOM, you loose.
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org
#1 lesson: The only person who can give YOU legal advice is YOUR attorney
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