In which our self-representing pro per dynamic duo catch yet another break from the Court.
Our pro-per Third Party Defendant, per the Court's Order after she filed her ridiculous motion for Summary Disposition was required to file both a Notice of Hearing for the motion and a E-Praecipe.
Of Course she did neither. Penalty for not filing those is the motion is an automatic dismissal of the motion, says so right in the motion.
But since they're pro-per the court is yet again bending over backwards.
Court Clerk just emailed, them copying me, asking if they were proceeding with the motion as scheduled on February 2 as they hadn't filed the notice as they should have done a long time ago and they're now technically past the due date to even file it.
They replied yes and the Court instead of telling them they screwed up and the motion is dismissed, replied "Well, ok then on we go".
No attorney would get such a break, not a chance.
On the upside, I now get to argue against this hilarious and frivolous motion.
4 comments:
I know just about exactly as much as I probably should about the Courts and the legal system - which is to say, Very Little - and for the most part, I aim to keep it that way.
But...it's quite interesting to me that there seem to be rules (not really the interesting part) that the "Court" (is this a judge making these decisions or a clerk somewhere?) appears to be able to change the rules at whim(this is the interesting part!). Is this normal? Are there rules about what rules the court can bend or disregard? Can these folks pretty much do whatever they want without answering to anyone at all?
Oh - and I'm glad that your recovery seems to be progressing nicely!
Billable hours... LOL
DaveS - Thanks, recovery seems to be coming along.
Judges get a lot of leeway in managing their courtroom and their dockets. They're supposed to hold pro-per parties to the same rules as attorneys but they always tend to give them way too much leeway. If they give the too too much it can become an appealable issue, especially if they blatantly bust the State court rules and the Judge keeps letting it slide but Judges tend to be able to bend the local and their own rules quite a bit for them.
Old NFO: Yep, that is one upside to the craziness, other upside is I now get to argue agaisnt their defective motion and have fun doing so.
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