What motions to file or action to take with an uncooperative court clerk? I've filed pro se motions in traffic cases before, but this case has me stumped. I was stopped and ticketed for a minor traffic violation of texting while driving and received a court date. When I went in the clerk refused to let me (EDIT: have a hearing), and refused to give me any documentation proving I had been there. Same thing when I came back a month later. Now I'm getting written notices from a law firm to pay the fine. My limited experience led me to think the court clerk can always be trusted. Should I try to file a motion to continuance, or maybe motion to appeal? Maybe by certified mail? UPDATE: I called the court today (Nov 26) and was told there is no trial set so they will call or email me in January to set the date for a trial. This seems really weird for a months-old case but I guess you have no recourse if the court refuses to set a date for any hearing repeatedly? As far as I can tell the county courts have jurisdiction over the Justice of the Peace courts in texas, but if there's no final judgment then no appeal can be filed.
The court clerk was right. A judge is not supposed to interact with a party (at least not in the absence of the adversary) except during court hearings for which the adversary was notified and given an opportunity to attend. Also, there is no need for you to prove the mere fact that you went to court. That in itself is either inconsequential or palpable from the hearing transcripts. When you file in court papers such as a motion or a response to a motion, you may --and should-- bring an extra copy for the clerk to stamp it. That a clerk does with no objections. The stamp reflects the date on which you file your document(s). That stamp incidentally evidences that you or someone on your behalf went to court but, again, that sole fact is inconsequential. There is no such thing as "motion to appeal". A litigant may initiate an appeal, or appellate process, once the judge has decided a case in its entirety or in part. If the ruling to be appealed does not close the case, the upper court might refuse to review the issue(s) appealed until the whole case has been decided (that refusal is known as denial of the appellant's leave to appeal). Your description nowhere indicates that the judge has already made any rulings or that there have been any hearings on your matter. Your mention of prior motions suggests that you should gain acquaintance with the Texas Rules of Civil Procedure and of Appellate Procedure. Those rules cover several aspects of litigation, including motion practice, the allowed methods of service, and the requirements to file an appeal in upper courts.
Would a U.S court honor his request, based on his prior commitment? You are not specifying the purpose of the court hearing, or whether Adam is pro se litigant (which sounds unlikely if this plaintiff is a movie star). If plaintiff Adam is represented by an attorney, Adam's presence is unnecessary in most or all court hearings. In fact, typically neither parties nor their lawyers have to show up in court, whence their absence does not constitute contempt of court. Absence merely implies that they miss the opportunity to [orally] argue their position before the court, and thus would depend on whether the judge bothers to actually read their brief. If you mean a hearing in which Adam needs to be present, his request to reschedule the hearing is most likely to be granted. His contract is strong evidence that his request is not a vexatious attempt to delay proceedings. Since the hearing would be in month 4, the particularity that his contract goes up to month 4 implies that rescheduling would not significantly delay proceedings. Regarding your comment, rescheduling can (and does) happen multiple times even in criminal cases. This post includes an excerpt of the Register of Actions of criminal case 16-870-FH in Michigan state court (Washtenaw county), highlighting several instances of rescheduling as requested by the defense counsel and despite prosecutor's objection. I believe the case got rescheduled a few more times beyond what the snapshots reflect.
A witness who disobeys a court order has automatically broken the law. Indeed, this is the most fundamental of laws; you can't decide "If I turn up to the hearing I may be punished for my crime; but not attending isn't against the law, so goodbye." A witness who goes out of the jurisdiction cannot, of course, be punished while there (though when he returns he may have to explain why he chose to leave having been warned that he must attend or face penalties- that is the meaning of sub poena). But your assumption that anybody who fails to attend probably had a good reason betrays a fundamental, though common, misunderstanding. A court has determined that your evidence is necessary for justice to be done. There is therefore no good reason not to attend. It may well be that a doctor would prefer that you did not go to court that day, and if you apply to the court it may be possible to find some arrangement. But you are not allowed to decide 'my convenience is more important than discovering whether the defendant should go to jail or not". Civilised countries have people who are empowered to make that decision; they are called judges, and the decision has been made.
Was the case Sealed? Or is it considered to be Private? Those are two different cases. I was not able to find any laws regarding sealing, or expunging records of Name Changes, but was able to find the Utah Law for Criminal Records. I can only assume they draw from one another. All that being said, assuming your whatever case is sealed, then Some records are sealed. In these kinds of cases, even information about the existence of the case is not publicly available. A person seeking access to a sealed record must petition the court for permission to unseal the records. Rule 4-202.03 states that, ....no one may access a sealed court record except by order of the court. A judge may review a sealed record when the circumstances warrant. From that I can assume that, The records are not public. The records will not show up in a routine check The records will be known only if a there is a court order. Comparing it with the Expungement Act, Continued Use of Sealed Records After sealing, BCI continues to index and maintain all expunged records of arrests and convictions, but the records will not be released to the public. BCI will not divulge any information contained in the expunged records to any person or agency without a court order, unless authorized by statute to do so. Upon request, the following organizations may receive information contained in expunged records: the Board of Pardons and Parole Peace Officer Standards and Training federal authorities, unless prohibited by federal law the Division of Occupational and Professional Licensing and the State Office of Education Both cases above require a court order to get that seal record information. However, from what I gather only expunged criminal records can be access upon request by the Division of Occupational Licences. Bottom line, it sounds like you are safe to mark is no previous name, but you may lose your license in the future if something goes south. I will recommend you to get a professional look into the word of the law and provide you with a written statement of the actual law. Another thing you can try is write to the court who sealed your case, present them the situation and explain what you have found so far, and ask for guidance.
(My expectation is that the proof has to be replicated and the conviction cannot be introduced as evidence). Your expectation is incorrect. The name of the legal doctrine that allows a criminal judgment to have this effect in a civil case is called "collateral estoppel" which is also sometimes called "issue preclusion". See, e.g., A-1 Auto Repair &amp; Detail, Inc. v. Bilunas-Hardy, 93 P.3d 598, 600 (Colo. App. 2004) ("Hardy contends Colorado law does not allow courts to apply collateral estoppel, now commonly known as the doctrine of issue preclusion, when the first adjudication is criminal and the subsequent litigation is civil. We disagree.") Similarly, a case out of California stated: To preclude a civil litigant from relitigating an issue previously found against him in a criminal prosecution is less severe than to preclude him from relitigating such an issue in successive civil trials, for there are rigorous safeguards against unjust conviction, including the requirements of proof beyond a reasonable doubt and of a unanimous verdict, the right to counsel, and a record paid for by the state on appeal. Stability of judgments and expeditious trials are served and no injustice done, when criminal defendants are estopped from relitigating issues determined in conformity with these safeguards. Teitelbaum Furs, Inc. v. Dominion Ins. Co., 58 Cal.2d 601, 606, 25 Cal.Rptr. 559, 375 P.2d 439, 441 (1962) (citations omitted). To the best of my knowledge, this is the rule in every U.S. jurisdiction (with the possible exceptions of Puerto Rico and Louisiana which are not common law jurisdictions). It is also the historical rule in British common law, although I don't know if this continues to be the case in non-U.S. jurisdictions. Procedurally, the determination that collateral estoppel applies would usually be made on a motion for summary judgment, or in the preparation of jury instructions which state that liability has been established and that the jury is to limit itself to determining causation and damages, rather than as an evidentiary matter. I've used this doctrine once or twice. For example, I used it in a case where someone fraudulently sold ditch company shares worth several hundred thousand dollars (in Colorado, water is gold) that he didn't own (a transaction that could not be unwound because the buyer was a bona fide purchaser for value and the seller had apparent authority as a trustee of a trust owning the shares even though he didn't have the actual authority to sell them under the trust) and then spent the money he received before he was discovered (if I recall correctly, for gambling debts). He was convicted criminally and then my client, the victim, sued for money damages including statutory treble damages for civil theft and attorney's fees based upon collateral estoppel and an affidavit as to damages in a motion for summary judgment. From a practical perspective the four main difficulties are that (1) people convicted of crimes often lack the income or assets to pay judgments, (2) there are double recovery issues involved in reconciling restitution awards in a criminal case (where the measure of damages is narrower) and damage awards in a civil case (where the measure of damages is broader), (3) there are priority issues involved in reconciling criminal awards for fines, restitution and costs, in each case with civil awards for damages, and (4) if the defendant declares bankruptcy, the non-dischargeability of the civil judgment must be affirmatively raised and proved (often this is elementary but there are strict time limits) in the bankruptcy proceeding. Tactically, it is often better to sue first, collect what you can, and to bring a criminal complaint only when it turns out that the perpetrator is judgment-proof.
A self-represented person, as a practical matter, has no choice but to engage with the court when an oral argument is conducted. A person present in a courtroom likewise has an obligation to acknowledge a judge addressing them. Usually it wouldn't be contemptuous to fail to appear at oral arguments of a fully briefed matter (e.g. a motion for summary judgment, or an appeal), but it would generally be viewed negatively. One could respond to a question from the court with &quot;I don't really have anything more to say, my brief speaks for itself.&quot; And, sometimes a court would leave it at that, but if the court insists there is really no other option than to clarify and explain yourself. Most often, this helps more than hurts a pro se party, although I've certainly seen cases with ghost written pleadings (which are authorized if disclosed in many jurisdictions) where this isn't the case. A fairly common tactic in civil litigation is the take a deposition of a party, or to call a party to the witness stand, and to ask them if they really want the relief that their filed legal documents says that they do, as a way to narrow the scope of the claims brought against the questioning lawyer's client. But, this is less of an issue with a pro se party when the person who drafted the legal documents and the person engaging in oral arguments are the same person. This can't be done in criminal litigation, but I could see a prosecutor trying to do something similar in oral argument, although usually in that context, the judge and not the prosecutor, is asking the questions.
If what you show is correct and above-board then you are being sued in superior court. However it sounds unlikely that the plaintiff could have served you with notice of such a lawsuit without you realizing it, so if I were you I would first call the court to see if they do in fact have a case with the docket number listed. Then ask: When and who served the original notice in the case (because if you really didn't get it then whoever said you did majorly screwed up and is probably in trouble) Who the plaintiff's counsel is If the letter was from a real lawyer on the California Bar, and that case really is open in the superior court with you as a defendant, then you really are being sued, and you should either get a lawyer or negotiate a settlement, because if you don't answer and defend then you're just going to have more judgments against you. If any of the above does not check out then whoever sent that letter is in big trouble if you report it to the DA, postal inspector, and (if they are a real lawyer) the Bar.
As the answer by Iñaki Viggers says, you should submit an affidavit, not simply a letter to the court. An unsworn letter will probably not be admissible at all. It is common for a witness to tell his or her story to the lawyer for the side that wishes to use the affidavit, and for the lawyer to then draft the actual affidavit in such a way that it will be acceptable to the court where it will be used. Then the lawyer sends it to the affiant (the person who would be a witness if s/he came to court, who is making the affidavit) with instructions. Generally an affidavit must be notarized or otherwise sworn to in front of an appropriate official. However, a person can draft his or her own affidavit. It is usual for it to be headed with the name and case number of the case where it will be used. It should include a statement that everything in it is true, and that the affiant swears (or affirms) this under penalty of perjury. It should include only relevant facts that the affiant has personally witnessed, not anything heard from anyone else, or guessed at or deduced. The facts should be stated clearly and simply. The affidavit should be signed in the presence of a notary, who will witness the signature and the oath that the contents are true. This WikiHow page describes the process in detail, with a template form.