Janyce Lynn Fink's Answers

Subpoena Duces Tecum (SBDT) as 'Pro Se"

Subpoenas Duces Tecum are a relatively inexpensive and fast means of obtaining documents but they are effective only if signed by an "officer of the court." As a Pro Se litigant you are able to call your Court Clerk and have them presented for signature to a Judge or Commissioner. If you have an assigned trial judge then you can also call the judge's bailiff and your opposing counsel and ask them to agree that it can be signed by the judge. Last, it never hurts to ask the opposing lawyer to...

3 people marked this answer as helpful

In my anti harassment hearing lost, judge said written statements are not allowed..??

Your question leaves out some critical information. Please note that written statements are considered "testimony" and, must, therefore be given under oath However, if your Judge would not consider written statements submitted on your behalf it is most likely because (1) the statement was not properly executed (signed under oath - penalty of perjury - in keeping with Washington State law); and/or (2) the person making the statement did not have personal knowledge of the events they discussed...

1 person marked this answer as helpful

What reason could lawyer have for not responding to an amended complaint?

If the Amended Complaint contains absolutely no substantive changes (e.g., typograhical errors were corrected) then there might be a reason not to file an Amended Answer. Typically, even filing the same Answer which contains mention of the Amended Complaint, and that the original Answer relates back to it, is best. Keep in mind, there are strict time constraints and jurisdictional assertiosn relative to Washington State Court Rule 12 (Defenses and Objections) and a Complaint. I suggest that...

What do you do if you need to serve somebody and you cant find them. Is there something called public notification?

You mention enough to assume there are issues of intentional, custodial interference, and likely a crime. There are laws within Washington State providing litigants the ability to serve someone via publication (typically within a newspaper distributed in the area in which the person to be "served" lives) or via a third party (for example, serving a foreign insurance company through the Washington State Insurance Commissioner). Assuming you are in Washington State Superior Court, service...

When is a case "Frivolous"?

The use of the word "frivolous" can be confusing but dismissal of a lawsuit on a technical premise (e.g., the statute of limitations ran prior to the suit being filed) can be grounds for awarding fees (and maybe sanctions) against the fling party and /or lawyer. Reporting an atorney to the bar association for professional malpractice is a very serious matter and should not be undertaken lightly. You would be well served to consult with an attorney about whether your concerns are tatamount to...