P.P.S. My buddy and I will visit the Federal courthouse tomorrow rather than today. Thanks for the guidance - my buddy is really impressed with you. Maybe he'll decide to be amongst us sometime in the future.
That is good fuel for an article – about the 5 Plans I described on the phone earlier today.
That is good fuel for an article – about the 5 Plans I described on the phone earlier today.
Recently a suitor failed two attempts to open a $39 (miscellaneous) evidence repository and finally opened up a $350 Libel of Review. Clerks of court are not there to make legal determinations or to turn away business yet this clerk refused to file a Verified Statement of Right and Interest twice upon the legal determination that the papers were Discovery and therefore inappropriate for filing in his court.
Today I got a phone call about the above journey to the US Courthouse and was asked what to do if the clerk balks about opening this fellow's $39 evidence repository. In that few minutes I came up with five plans in that event, articulating them as Plans A through E.
Plan A: Listen carefully to the clerk, looking for things that he will file. Then handwriting the item or category that best fits the Demand on the paper. For example "Notice" or "Transaction".
Plan B: Occasionally a suitor spots the clerk pulling a list of categories for filing cases with the US court. One instance specifically I was told over the phone that Item 82 on that list is Miscellaneous. Well, that is what miscellaneous means, is anything that is not in the other categories on that long list. I asked the suitor to request a copy of the List and he was refused one. I would sure like that list though.
But I think you are getting it - pigeonhole the document you want filed as best you can with the List.
Plan C: This is where you begin pressing the point that the clerk of court is making a legal determination about you paper. You might request he show his credentials to give legal advice or make legal determinations, especially about something you are requesting be filed under "Miscellaneous" in the first place.
Plan D: Now it is time to put the pressure on about breach of fiduciary responsibility. The clerk is chilling a $39 dollar sale. Turning away business is definitely not on the clerk's job description.
Plan E: Let the clerk know that you are being damaged by his decision to deny you access to the US court system. Request that he articulate the reasons on paper.
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