I live in Illinois. I have an order from the judge and my case is with the law division. There are two defendants, me and my spouse. My spouse and I have been separated and the spouse knew nothing or has nothing to do with this case. He received a summons by default unfortunately because we are still married but not living together etc. He gave the judge an affidavit of not being involved nor no knowledge etc and it sounds like he may be dismissed from the case as I was called in to do a deposition and he was not (although he made an appearance just in case) My question is should I include his name in my memorandum? Example: And ask the court to dismiss all charges and release Defendant Ms. ____ and Defendant Mr. ____from this suit.
You can’t unless you are a licensed attorney. That would constitute practicing law without a license and the judge will not consider your arguments on his behalf.
Judge's appreciate less paper and more efficiency. There is no reason to file two sets of opposing papers as long as it is clear that the one set is for both defendants and that if there are separate issues they are addresses separately
I'm not sure what you are trying to file, but you can only file something and ask for something on your own behalf, not on behalf of your spouse. Sounds like you would both be better off with attorneys.
NOT LEGAL ADVICE! HYPOTHETICAL ANSWERS ONLY. NO ATTORNEY CLIENT RELATIONSHIP CREATED.
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