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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

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?

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Attorney answers 3

Posted

All legal

HIre counsel.

Asker

Posted

Thanks, but why do we even have a clerk's office to file Mark anything and what good is a certificate of service if there is no recourse for not having proof that the other party was served?..........Just asking.

Posted

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. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation. www.TheSchollLawFirm.com

Asker

Posted

Thank You, but you didn't answer the question.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

I cannot speak to AR civil procedure buy write only to add that Mr. Scholl is dead-on correct. Even if you hit the answer from an AR attorney, it will not help your situation b/c its clear from your post that the judge is likely to shut you down befit you even get a chance to get started. Wish I was wrong, but seasoned lawyers take seminars, attend retreats, pay for CLE to sharpen skills at properly laying foundation and introducing evidence. Giving you the answer would be to push you in deeper- not throw you a lifeline. At least consult with a local family attorney , it'll save you thousands.

Asker

Posted

Thanks for your information , it is appreciated.

Posted

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 questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

Asker

Posted

I appreciate the information you have given me.

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