Educational Purpose

 Are you currently a Jurisdictionary Student?

You must have a firm grasp of the basics,to understand how to defend yourself.

Jurisdictionary will teach you:

#1 ... How to draft proper Pleadings
#2 ... How to use Discovery Tools
#3 ... How to Move the Court.
#4 ... Rules of Evidence
#5 ... How, when, and why to use Objections

You must also follow the Rules of your court's jurisdiction.

Winning is possible, if you understand how to utilize Court Procedure and Evidence Tactics, effectively.

http://www.howtowinincourt.com?refercode=LB0034

my thoughts exactly, this part was not done, the defendant only knew a complaint even existed because they started getting solicitations in the mail from other law offices wanting to represent them

i figured the next move is either a motion to dismiss for improper service of process, or a notice of inquiry for evidence of proper service

Be sure to never try to appeal to a court for empathy, sympathy, or offer excuses. Courts only consider documented evidence and  your documented evidence is the only thing that matters in a court. Your feelings and hardships mean nothing. Your evidence, law, facts, case law are all that matters. What matters most is your ability to articulate those laws, case law applicability, and facts. Mostly your ability to persuade a judge that you are correct will win your case. It's no different from marketing the best product. Sell that judge your product.

Also. You have to put all emotion aside and critically read and learn the steps needed to win. It's a process that works step-by-step. It's akin to building a Lego sculpture. Don't panic, just read how the process works, then read again the next day. It's pretty simple once you learn the steps you must take. Panic will sink your ship. Just follow the steps diliberately and with precision. You can't approach your case in a state of fear.

The opposing counsel (There are 4 of them now) for liberty mutual filed this motion to sever the defendants.

I received no call, no date selection options like Dr. Grave's course teaches.  I just received an email with the motion and the notice of hearing.  No pre motion conference.

Also - reading this motion, these lawyers didn't study the course - I'll leave it at that.

Their next step was to extend the time to answer the complaint (all one subject one verb statements) and discovery.

They want a huge amount of time for the extension until after the motion to sever, which in NC there is no appellate case law showing that's a valid reason to stay the answer.

Always refer to your Local Rules.

Dr Graves, I could use some input concerning strategy.  I am preparing the attached suit and could use some input.
I am trying to construct the suit so that the County can pay the bills but cannot expel the public officials from the suit. 
I have to name the individuals and specifically articulate that I am suing each one for acts outside of scope.  That gets me past immunity.  Then I have to name the county separately under Monel. 
The strategy is to put the county in a position to where it is going to want to expend county funds to indemnify the officials but, the Texas Constitution forbids the county from providing the officials benefits not included in their contract.  
So, I claimed they acted outside the scope of the contract.
Then I allege this could only happen because of the established policy of the county.  
Once I have the county locked in, they can make a deal with me and pay me enough that I will agree to drop all claims against their public officials.

Randy K kelton:
Any suggestions on how I may be able to turn up the heat on the county to get them to write me a check?

Robert Burton:
And while the Personal and County Suit is being discussed...I have, what I hope is easy to answer...I am coaching a friend in a federal law suit that "we' initiated...we have gotten past motions to dismiss by the State's Attorney General and the defendant has had to provide an answer to the First Amended Complaint..."they" listed 26 affirmative defenses...a real shot gun approach.  My question, if I discern that any of the affirmative defenses have no essential elements would it be prudent and strategic to file a motion to strike those affirmative defense(s)?

Filing a detailed, well-supported Complaint that becomes Public Record, followed by measured outreach to local media or stakeholders about the alleged pattern/policy, could create pressure on elected officials who must answer to voters.

Timing relative to election cycles, sometimes matters.

Merely a suggestion.

This was sent to a friend of mine. He was told process servers attempting to serve on the most direct route are allowed. I told him Trespassing is trespassing without a warrant. Any advice?

A Good Faith attempt to resolve the disputes informally, may be an option (Meet & Confer).

You always have your 5 Discover Tools,at the ready!

If they want to ensure the assessor does not come on the property, they could follow up with their township office in writing to establish a Record.

If your friend refuses an inspection, the assessor will probably estimate the property’s value based on available information.

Did anyone here cross examine a process server improper service (leaving paper on/near a door but not mailing anything)?

Since gps standards, and learning what they used to do to prove and win improper service, older attorneys are saying it’s now mostly won on the cross examination of the process server (and to bring proof that service was improper.)

Im running in the thing as before, how do I bring documentation of something that did NOT happen?! (the required mailing did not happen)

But most importantly, how to prepare for cross examination (I’d much rather do paperwork and research than speaking in court)

J S:
Local rule 15.2: “Then the moving party shall make a good faith effort to consult the other attorneys or self-represented parties involved prior to confirming the date for hearing”

elise:
You’re not necessarily in the wrong group but maybe elaborate more so it’s easier to see what’s happening, what the friend wants/not wants, to see what might help. 
I’m dealing with Improper Service myself too (and more)

Catherine Albertini:
Ask the process server to prove his allegations with camera evidence. Process servers out here wear cop cameras as do UPS and Amazon delivery drivers to prove delivery.

Also, proper mailing is evidenced by tracking numbers. Trace the proof of mailing.

Proper Service results in there being an Affidavit of Service filed with the court by the Process Server.

As a defendant claiming improper service, Im trying to learn to think the Jurisdictionary way which isn’t my normal/common sense way, bare with me please:

The existence of a (false? of just improper) Affidavit of Service doesn’t make Service Proper, which is where I am… and what to gather as solid documentation that service was, indeed, Improper. No matter what’s on the Affidavit.

I did realize half the mailing requirements are traceable, so they need to produce that in order to start to prove proper service (I researched other cases by other attorneys who, with filing the Affidavit of Service, also filed thé Certified mailing slips, this one doesn’t do that so there’s no way now for me to find out and Doc said something about not needing the opposite side’s things which i have a tendency to do as a mindset of “solving things faster” and not go into long court processes. But I guess some attorneys just like creating cases to steal their clients’ money and keep themselves filled💰💰💰

So I request the original Affidavit of Service (signed in pen and stamped signed by notary), proof of mailing, gps logs (?), camera proof (?), their process server license, anything else?

Any thoughts on cross examining the process server or us that a question based on what evidence they come up with? (I guess I just answered my own question but any tips and the way to think about these things help me gather confidence to know I can do this too, thanks!)