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Oak Park, IL |

Am scheduled to appear before a judge I am sure lacks jurisdiction. A progress call was scheduled by judge, with the notation on the "Notice of Progress Call," stating: "Failure to appear will result in dismissal or default." This judge should know, from prior related case, I will challenge his jurisdiction. Appearance is consent to his jurisdiction, and believe he is trying to trick me into consenting. I can file the jurisdictional challenge first, but hearing may be after progress call. What to do about: "FAILURE TO APPEAR [AT PROGRESS CALL] WILL RESULT IN DISMISSAL OR DEFAULT."

Attorney Answers 4

  1. The judge does not know litigants personally and this judge not aware of cases assigned to him. Your appearance is consent to the court's jurisdiction, not to a particular judge. Judges do not have jurisdiction except as a member of the court of that circuit or district. The court has itself has or does hot have jurisdiction. Your failure to appear will result in a possible default. Appear and seek a substitution of judges. Believe it or not, this judge is not lying in wait for you and will more than likely be happy to have one less case on his call if he has the legal ability to granted your request for substitution.

  2. Based in the contents if your inquiry this not appear to be a criminal matter. Seek the advise of an experienced civil litigation attorney.

    Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: 24/7 --(708) 481-4800.

  3. I presume this is a progress call in Cook County and this is a postcard you received in the mail by your post and the fact that you are from Oak Park. There are different types of "jurisdiction", I'm not sure from your post to what you are referring. If this is a Cook County matter it is extremely unlikely that the judge will remember you or your case. Subject matter jurisdiction is not waived by appearing, though personal jurisdiction can be. If you have a legitimate jurisdictional argument you can file a motion before going to court and proceed to hearing on your motion without waiving the issue. With this said, if you are contesting either type of jurisdiction you should have a lawyer assisting you. My office handles many types of civil litigation and we offer free phone consultations if you would like to speak about it. 630-679-0930

  4. I doubt any Illinois lawyer has studied and applied principles of personal & subject matter jurisdiction more than I have.

    You may also be alluding to a motion for court to recuse itself--which I have likewise filed on multiple occasions.

    In addition to collateral attacks, you can also motion for expungement of void orders.

    Finally, in addition to attack judicial jurisdiction over person or subject matter, you can attack based on absence of authority to enter a particular order.

    I encourage you to follow up with the right attorney.

    The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.