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John Robert Sauter

John Sauter’s Answers

151 total


  • Do court of Clerks treat Pro Se Defendant different then lawyers, Or do Motion to Discovery take longer to process and to mail?

    After I filed some motions to Discovery and Release of Evidence 2 days ago, I found out that the Court didn't follow through with the motion. They did not do anything with it. When I go and asked and it was like they didn't know where the form ...

    John’s Answer

    I suspect I answered your question earlier. If true, please avoid posting the same question multiple times to this forum.

    I cannot stress how important it is that you retain an attorney. As a pro se defendant, you are expected to know the Rules of Civil Procedure as a licensed attorney would.

    In your case, you erroneously attempted to serve a Discovery request on a party by filing it with the clerk's office. This is not the correct procedure. Discovery is between the parties, not the court. It is not the clerk's responsibility, it is yours. It also isn't their responsibility to teach you the Rules of Civil Procedure.

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  • Do I have to be a lawyer for a party to release me Document Discovery Request, fir example, Store Video Camera, etc...?

    I was trying to get a store to give me access to its store policies brochure, which is what described the store policies between employees and customers...how employee should treat customers, how they should respond to different type of customers....

    John’s Answer

    I'd highly advise you to retain an attorney to help you with your case.

    Discovery, according to the Rules of Civil Procedure, is to be conducted between the parties, "without leave of court." This is the reason the motion you filed with the clerk was not mailed to the party - its your responsibility to serve the discovery request on the opposing party - not the clerk's.

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  • Are all Judges are former Prosecutors? None Former Defense Attorney in Ohio? How do I get a Profile of Judges in Ohio Court?

    In a trial court where Judge is a former Prosecutor and the City Prosecutor against me, should I be worried about Injustice in the court room? Should I start working on the process of "Removable of Judge" in my trial case against me?

    John’s Answer

    No. Judges (and prosecutors) have a code of ethics they must abide by. While their prior job might color their thinking, knowingly or unknowingly, they must follow prior case law and the Ohio Revised Code. If a judge doesn't, you can appeal a trial court decision.

    If you are facing criminal charges, retain a competent criminal defense attorney. Don't go it alone.

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  • Will a verbal agreement be honored in the state of Ohio?

    My former boyfriend and I were on a trip when his car broke down. We took it to the shop, and found out what was wrong. The bill was going to be more money than my boyfriend had on him, so he applied for a credit card and was denied. He asked m...

    John’s Answer

    Your verbal agreement was an oral contract and yes, you can bring suit in an Ohio court to enforce the contract between you and this individual.

    Keep in mind that under Ohio law, a small claims court claim cannot be brought for more than $3,000. So if he owes you more than that amount, you'd have to file a claim elsewhere.

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  • I have a question I slipped at the pool over at the apartment and dislocated my elbow. Should I send them the bill. Just curious

    Slipped at the apartment and dislocated my elbow many other people have been falling since they did some painting but I just heard. I went to the hospital and had the elbow put back into place and was put in a splint now I am in a brace for 6 week...

    John’s Answer

    I agree with the answers provided by my fellow attorneys. It is important to reiterate that you first should meet with a personal injury attorney. Often injury attorneys will agree to meet with a prospective client for free, for the purposes of determining if the would-be client has a valid claim. Injury attorneys commonly work on a contingency basis, meaning they don't bill hourly - instead they take a percentage of your recovery, if any.

    If you negotiate with the insurance company of your apartment complex, you do so at your own risk.

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  • 18 yo Underage consumption/ovi. Blew .03 Ohio. No priors. Wondering what my options are before going to court/possible penalties

    took field sobriety test...passed i think.

    John’s Answer

    Underage consumption is a first-degree misdemeanor, punishable by up to six months in jail and a $1,000 fine. Hire a criminal defense attorney. It will be money well spent.

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  • I got into a wreck with my boss his fault his limit 5000 medpay medical will be more. I have pain.fired,stress.who do i go after

    I have had a mri and they are unsure if my meniscus in my knee is torn. I am about to start physcial therpy. My boss/ friend made a improper left turn and through a yellow light. I put my knees up on the dash of his van. I got a slite whip blash...

    John’s Answer

    You'd be best served by talking to an attorney in your area who focuses on civil litigation, including personal injury and workers compensation law. Were you on the job when the collision happened? Without knowing details - including details of your employment situation, it is difficult to determine whether you have a valid claim for wrongful termination or whether you have a traditional personal injury claim or workers comp claim.

    It is important that you realize that your employers insurance company has your employer's best interests in mind - not yours. If you do not retain legal counsel they may try to talk you into accepting far less compensation then would offer you if you had an attorney.

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  • Wedding Disaster

    I paid the cake lady a month before my wedding, wedding day comes around and she is no where to be found, neither is my cake, I had 150 people asking about the cake it embarrassed me so bad, can I take her to court for emotional distress or someth...

    John’s Answer

    You likely have a cause of action under the Ohio Consumer Sales Practices Act, which does allow a plaintiff to receive up to $5,000 in non-economic (emotional distress, pain, suffering, etc) damages. The Ohio CSPA allows a consumer to recover for unfair or deceptive sales practices.

    However, you need to determine if filing a lawsuit against her is a productive use of your time and money. How much money did you pay her? Do you know where she is residing currently? If you didn't pay her very much money and are unable to locate her, this could be more trouble than its worth.

    Good luck to you.

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  • What to do about food poisoning from a local McDonalds... grilled chicken salad?

    May 22, 2012 I purchased the salad, within one hour I had sever stomache cramps, vomiting and diareah. Because i had kept the bowl (reusable) I noticed the stamp on the bottom clearly stating that is should have been discarded 21 hrs. prior to me...

    John’s Answer

    If you feel you are entitled to monetary compensation, file the case yourself in your local small claims court. Cases in small claims court are for money damages only, with a cap of $3,000. Small claims courts are informal, there is no jury. Cases are tried by a magistrate. Court costs are low - many courts have a filing fee of only $50.

    More information, including how to file a small claims complaint, is available online from the Ohio Supreme Court here (.pdf): http://www.supremecourt.ohio.gov/JCS/interpreterSvcs/forms/english/5.pdf

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  • Will the judge believe me and dismiss my speeding ticket if I tell him that I didn't know what the speed limit was?

    I am 16 years old and I have had a license for 3 months. I recently got a speeding ticket. However, I did not know what the speed limit was. I thought it was 35 mph while it was only 25 mph. I was going 39 mph. I was on a road that connects with a...

    John’s Answer

    Ignorance of the speed limit is no defense. If it was, everyone could walk into court, claim they didn't know what the speed limit was, and get their ticket dismissed. Your best shot with the judge may be getting your fine reduced because of your age, inexperience, and/or financial situation. Good luck.

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