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If you put a motion into the court it's denied on a technicality and without merit, can you resubmit and respond?

Tarrytown, NY |

I recently handed in a motion to the court ( civil matter, mental health) to strike the record of false testimony, perjury and false documentation. I did this by submitting a five page motion which consisted of evidence taken straight from the verified petition and medical records ( completely objective) showing the contradictions and lies, then added 32 pages of supplemental documentation which proved what motion stated. The judge denied it on a technicality which was I didn't submit a date for the other party to respond to and with no merit, but in the motion alludes to even if there was merit the decision was made and I was already held involuntary so there is no reason to revisit the veracity of the doctors testimony. Really? This doctor had me forcibly medicated based upon false info.

Attorney Answers 3

  1. As a pro se litigant, you cannot expect special favors or treatment by the judge. He must remain impartial. So, you have to follow the rules of procedure (all of them) and the rules of evidence (all of them).

    It appears you did not. Even though you are representing yourself you cannot expect the judge will overlook the motion shortcomings.

    If you have difficulty, hire a lawyer. Those trained in these things (just like a doctor doing surgery) will serve you well.

  2. The judge is required by law to protect the due process of both side, not only yours. The calendaring of return dates such that the adversary has the chance to respond is fundamental to our system of justice. A lawyer could help you immensely.

    Good luck.

  3. You can probably make the motion again but I don't think you will win it.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.