I wanted to file the motion pro se but I didn't know the proper procedure of doing so, for example...how many copies to send to the court; what should I do if I don't receive a response within 30 days, etc.
All motions must be filed with the clerk of court and a copy must be properly servered on the opposing side. Many motions require a specific form and therefore you should hire a lawyer to defend you instead of trying to do it on your own.
For the mechnics of filing and service of the motion, call the clerk of the court for instructions. Anything beyond that would fall under the heading of legal advice which the clerk would not give you, and for which you would have to consult an attorney. If you are going to continue to represent yourself you will have to learn how to research the answers to many questions a lot harder than this.
Do not forget the complications "pro se" defendant's have with the rules of evidence. You really need to hire an attorney, particularly if the matter involves a serious crime. If you disagree with these responses I suggest you go down to the Recorder's Court of Gwinnett County any afternoon after 1:00 and sit in on a pro se bench trial.
Gwinnett Recorder's Court address
115 Stone Mountain Street
Lawrenceville, Georgia 30046
Typically only traffic offenses, minor misdemeanor's and DUI's are heard in Recorder's Court.
NOTICE: the information provided is not and should not be considered legal advice. It is purely meant to educate the general public on a niche area of law and concern. By reading the information provided by Mr. Wren, you are acknowledge that an attorney-client privilege has NOT been formed. If you wish to obtain the author's services you must agree to the fee agreement and provide in full the retainer specified in the agreement. The above information is merely a synopsis of how the legal issue referenced above works and any person who wishes to utilize what they gain does so with the understanding that the best, more responsible, and prudent thing to do is to retain the advice and counsel of independent counsel.
In 99% of the cases, the difference between entering a guilty plea at arraignment and fighting a case pro se is that the guilty plea at arraignment saves you time and effort. If you have to ask what the filing procedures are, what else don't you know? It's like someone who wants to perform surgery on themselves asking how to unlock the door at the hospital!
If you are determined to learn this lesson on your own, call or visit the clerk's office. They will help you with the filing requirements. If you decide that your case is too important to risk on someone who doesn't know what they're doing, call an attorney. We don't all charge fees that will put you into bankruptcy. In any event, the fines and other punishments we can minimize or get rid of altogether are well worth the investment.
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