Big shock with my pro se motion to expunge a fraudulently obtained but later vacated 209A order. Commissioner WILL NOT OPPOSE.

Asked about 2 years ago - Medway, MA

After reviewing my four-page index/summary of exhibits (prinouts and audio), Commissioner's Admin Attorney informes clerk that i had well exceeded the burden to prove "fraud uponthe court" per Adams. Departure from Comm of Probation's policy of automatic opposition? Likelihood that judge could deny motion on whim? Petitioner for said 209a will receive notice. How to win? Possible motion to exclude her as parry to case and/or bar her testimony? This is highly unusual for Commissioner to announce acquiescence so early or even at all?!

Attorney answers (1)

  1. Jeffrey K. Varszegi

    Contributor Level 14

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    Lawyer agrees

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    Answered . The judge could deny your motion if the judge feels you haven't proven your case. How to win? Prove your case, and if you feel it's warranted, seek an attorney to represent you. I don't think most judges would bar the previous complainant's testimony, and there's no good reason to try to do so; it would just seem like you're trying to hide information from the court. Good luck.

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