Does evidence have to be file marked by the clerk's office before it can be introduced to the judge? Is motion w/o service legal

Asked about 1 year ago - Conway, AR

I am representing myself pro se as defendant in civil family court. Do I need to have all of my evidence file marked by the clerk's office before it can be introduced to the judge? There was a motion for contempt made with me as the defendant, the motion was filed and marked by the clerk's office and a court date was set. However, there is no certification of service filed. I was sent a typed letter from the plaintiff saying that there would be a hearing and it's date (which was not filed with the clerk's office), but the motion was not attached. Instead, I was sent an answer to the motion (typed by the plaintiff), for me to sign saying that I admitted to the accusations of the motion. I filed for a continuation, given 60 days but the clerk set it for 46 days ....is any of this legal?

Attorney answers (3)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . By the questions you ask, I can tell you that things will NOT go well for you if you try to represent yourself. You are asking some very basic questions, and if you represent yourself you will find that not only will you not do well at trial, but may very well destroy any chances you might have on appeal if the trial court does make an error.

    This response is for information purposes only, it does not create any attorney-client relationship.... more
  2. Deborah L Hardin

    Contributor Level 8

    3

    Lawyers agree

    1

    Answered . I agree with my colleagues that you need to hire an attorney to help you with this situation, as soon as possible. If you cannot afford an attorney, Legal Aid of Arkansas has some online resources that may be helpful to you. In a few situations, Legal Aid will even provide a free attorney.

    Even though you have been granted a continuance, please do not wait until the last minute to find representation. There are many good attorneys on Avvo. Try finding one who offers free consultations. Best of luck!

    This response is for information purposes only, it does not create any attorney-client relationship. Responses to... more
  3. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . All legal

    HIre counsel.

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