Educational Purpose

If its been a while since your motion.  Perhaps renew the motion and make it clear in the revised motion that your waiving oral argument for this motion

An order granting a Motion for Judicial Notice establishes the fact or law as true for the remainder of the case. Please study that section in my Discovery class.
Thank you.

https://www.howtowinincourt.com

I have; it's where I stole the idea of moving for judicial notice (which is brilliant). My point was asking about if the order addresses each item listed on the motion (assuming multiple paragraphs/points or if the order takes all items in the motion on the whole and approves or denies on the whole.

Good morning. Is an arraignment the same thing as an initial hearing? I am taking Jurisdictionary and there is mention of arraignment, which did not happen in the case of a friend who is being criminally charged for calling 911 too many times for "non-public safety" reasons. She was worried about her child, who was being withheld from her by her ex. The cops have sided with the ex and filed misdemeanor charges against her for abusing 911 calls. The Information and Probable Cause Affidavit was filed on 10/29 and her summons was mailed via USPS ground mail to her on 10/30 to appear for initial hearing 12/4. Online, it says "Probable Cause Found; Order Issued" by the judge for 10/31. Does she not get a chance to face the judge before probable cause is found? Thank you.

There are a number of issues I'd like to have noticed by the tribunal. That would yield a sizable number of motions. I'm not certain they will even deal with it being an administrative tribunal, so I'll just submit whole and see what they do.  Thanks!

Thank you, I am helping as best I can. She is very motivated to learn. When we request records (police reports, body can, etc) do we actually call those requests Discovery in the title this early in the game or are they just records requests at this point?

Rule 4.10. Summons: Service upon Secretary of State or other governmental agent

(A) [FN1] In general. Whenever, under these rules or any statute, service is made upon the Secretary of State or any other governmental organization or officer, as agent for the person being served, service may be made upon such agent as provided in this rule.

(1) The person seeking service or his attorney shall:

(a) submit his request for service upon the agent in the praecipe for summons, and state that the governmental organization or officer is the agent of the person being served;

(b) state the address of the person being served as filed and recorded pursuant to a statute or valid agreement, or if no such address is known, then his last known mailing address, and, if no such address is known, then such shall be stated;

(c) pay any fee prescribed by statute to be forwarded together with sufficient copies of the summons, affidavit and complaint, to the agent by the clerk of the court.

(2) Upon receipt thereof the agent shall promptly:

(a) send to the person being served a copy of the summons and complaint by registered or certified mail or by other public means by which a written acknowledgment of receipt may be obtained;

(b) complete and deliver to the clerk an affidavit showing the date of the mailing, or if there was no mailing, the reason therefor;

(c) send to the clerk a copy of the return receipt along with a copy of the summons;

(d) file and retain a copy of the return receipt.

Then it also says (F) Defects in summons. No summons or the service thereof shall be set aside or be adjudged insufficient when either is reasonably calculated to inform the person to be served that an action has been instituted against him, the name of the court, and the time within which he is required to respond.

https://casetext.com/rule/indiana-court-rules/indiana-rules-of-trial-procedure/commencement-of-action-service-of-process-pleadings-motions-and-orders/rule-41-summons-service-on-individuals

If a judge tell you , you have to get a lawyer or he will throw you in jail. Can they do that?

Sixth amendment.   I see your new to the group

Did you ask the judge to recuse themself for that comment ?

I am new to this as well and I’m not sure if you are dealing with a civil or criminal matter but look up your state and local court rules. Here is what mine says for IN Rules of Criminal Procedure. There may be a form to fill out with your clerk but you can definitely represent yourself without threat of going to jail. Judge should recuse himself because he has already demonstrated bias towards pro se’s.

Just don't show up to court.  If it wasn't served properly then why show up at all

I can say from personal experience in Indiana courts that eventually it will be dismissed if you are correct in your assumptions.   If your wrong in any way then....

I hear what you’re saying, but I don’t think that my friend would feel comfortable doing that because she believes that her ex is working with the police to orchestrate these charges because they have a child custody case, which happens to be the day after this initial hearing. I think when children are involved, you should err on the side of caution. I would hate for them to issue a fake arrest warrant for the fake case on top of everything else.

Filing a motion on paper instead of going to court is a better approach. However this is a touchy issue since filing anything or going to court shows your friend received the notice and accepted it by responding.

So JJ's point is important. However I would add to it that you need to watch the case from afar. Hopefully you can see the docket online. If they have the hearing you will see a new docket entry. Once you see that new docket entry THEN is when you file your motion to dismiss based on improper service. I would not admit to receiving the letter in the mail, however, because they have NO proof that it was received. Your friend has proof that service was improper because the hearing was held with your friend being present. It is a risky approach but works many times. I did it but paid a lawyer to respond after the hearing only because I didn't have Jurisdictionary at that time. The lawyer responded as a friend of the court not as my representative. All rulings were reversed and cease and desist was issued to the opposing party.

Its a fine idea to look at the file.    I thought you mentioned service and the personal jurisdiction.  That's where the certified mail comes in

I just meant she went to the clerk & got a copy of her entire file and I thought that was the “certified” file because the clerk time stamped it. Maybe that’s the wrong phrase to use. Gotcha!

 Yes. IC 36-8-16.7-46 Knowing or intentional placement of 911 calls for prohibited purposes

     Sec. 46. A person who knowingly or intentionally places a 911 call:

(1) for a purpose other than obtaining public safety assistance or emergency services; or

(2) to avoid communications service charges or fees;

commits a Class A misdemeanor.

The probable cause affidavit is a second hand account of a police supervisor who is summarizing the events on behalf of other officers. Definitely not firsthand knowledge. She’s never heard of or spoken to the officer who wrote the affidavit. Thank you!

Was there a warrant ?
In Idaho police can't arrest without a warrant for a misdemeanor offense unless they personally witness the crime happen

In Indiana, for a misdemeanor, a law enforcement officer can generally only make a warrantless arrest for a crime that is committed in the officer’s presence.  However, there are exceptions to this rule, including domestic battery and theft.