Trial and Tribulations
How the heck are you? Tired of viewing severed heads? Why do you keep coming back here then? You know who you are...
First off, a hearty thanks to Beth for nominating me for the Thinking Blogger award. Even if she called me a crazy uncle... ;)
I'd love to participate, but everyone's already been nominated that I usually visit. Well... except Sunny and JG. While there's no doubt that JG makes me think, the only thing she makes me think is, "When the hell's she going to put up another post?" So everyone go over there and leave her more nasty comments. SHE CAN'T IGNORE US FOREVER!!! :P
Now Sunny, well... we all know about Sunny. ;)
I've told you all that real life has been kicking me something fierce, and here's why. My family's been involved in a lawsuit with the neighbor since 2002. The short of it is that we hired an attorney and had a trial on the matter in 2004. After the trial, our attorney got into a car wreck and dang near died. Ended his career. So dad hired another attorney. This new guy finished the post trial briefs and the District Court ruled in our favor.
The other side appealed the Judge's ruling to the Supreme Court, so we went up to the Supreme Court and they heard the case. If you've never been in front of a State Supreme Court, it's an interesting adventure. The Court listened to all the arguments, and ruled for our opponent that the original Judge made a couple errors, and handed the case back down to the original Judge.
After the first trial, and before the Supreme Court Hearing, I was introduced to a fellow and was advised to take one of his courses. I'll tell you more about him in another post, but we went ahead and paid him for his course, and I took it. The course was "Basic Courtroom Strategy and Procedure, for the Pro Se Litigant." For those of you not familiar with these terms, that means how to do the court thing for yourself.
In this class, he teaches you what to do to be a competent pro se litigant. Of course if you're a competent pro se litigant, that means you'd be a competent attorney if you just passed the bar. Unfortunately, once you see what it means to be competent, you can spot those that are incompetent, and the two guys we'd hired, dropped the ball on several attempts.
After the remand, and the associated bill from Attorney #2, Dad dropped him from the case. I made a motion to join the case, and it was granted, so I became a co-Plaintiff.
Preparation for the new trial has pretty well kept me swamped, what with my regular occupation and all. Dern pesky two headed calves...
Anyway, the trial was today, and it started at 9:00am. That meant that we had to get fully prepared for the trial last night, get up early this morning and feed the vacas, and then head to town.
Did I mention that it snowed all day yesterday? I didn't? Oh. It snowed all day yesterday.
Did I mention that the wind blew about 40mph all night? I didn't? Oh... it blew all night last night.
Did I mention that they canceled school today and that the roads were horribly icy? I didn't? Nahhh... I won't mention that.
Anyway... I finished typing up my questions last night at about midnight, couldn't sleep most of the night despite being exhausted, got up at 6 and fed the cows, then loaded up on coffee and made the 30 mile trek to the courthouse this morning.
The upside of all of this is that I was on the stand today from about 9:30 until 3:00, and we finished up right at 5:00. The sad part of all that is that I asked myself questions until 2! It's been a long day, and I'm beat.
Unfortunately, I've still got my closing arguments to submit in 30 days, and then they'll respond, and I'll reply to that, then the judge will still have to rule, so the case isn't over by a long shot, but 90% of the work is done and that's a helluva load off my mind.
Now I've just got the other 196 cases that I'm involved in against the US Gov to scratch off my to-do list and I'll be scott free again. Man I long for the days when I had nothing but taking care of cattle to worry about...
Don't you all wish you were in the cattle business too?
First off, a hearty thanks to Beth for nominating me for the Thinking Blogger award. Even if she called me a crazy uncle... ;)
I'd love to participate, but everyone's already been nominated that I usually visit. Well... except Sunny and JG. While there's no doubt that JG makes me think, the only thing she makes me think is, "When the hell's she going to put up another post?" So everyone go over there and leave her more nasty comments. SHE CAN'T IGNORE US FOREVER!!! :P
Now Sunny, well... we all know about Sunny. ;)
I've told you all that real life has been kicking me something fierce, and here's why. My family's been involved in a lawsuit with the neighbor since 2002. The short of it is that we hired an attorney and had a trial on the matter in 2004. After the trial, our attorney got into a car wreck and dang near died. Ended his career. So dad hired another attorney. This new guy finished the post trial briefs and the District Court ruled in our favor.
The other side appealed the Judge's ruling to the Supreme Court, so we went up to the Supreme Court and they heard the case. If you've never been in front of a State Supreme Court, it's an interesting adventure. The Court listened to all the arguments, and ruled for our opponent that the original Judge made a couple errors, and handed the case back down to the original Judge.
After the first trial, and before the Supreme Court Hearing, I was introduced to a fellow and was advised to take one of his courses. I'll tell you more about him in another post, but we went ahead and paid him for his course, and I took it. The course was "Basic Courtroom Strategy and Procedure, for the Pro Se Litigant." For those of you not familiar with these terms, that means how to do the court thing for yourself.
In this class, he teaches you what to do to be a competent pro se litigant. Of course if you're a competent pro se litigant, that means you'd be a competent attorney if you just passed the bar. Unfortunately, once you see what it means to be competent, you can spot those that are incompetent, and the two guys we'd hired, dropped the ball on several attempts.
After the remand, and the associated bill from Attorney #2, Dad dropped him from the case. I made a motion to join the case, and it was granted, so I became a co-Plaintiff.
Preparation for the new trial has pretty well kept me swamped, what with my regular occupation and all. Dern pesky two headed calves...
Anyway, the trial was today, and it started at 9:00am. That meant that we had to get fully prepared for the trial last night, get up early this morning and feed the vacas, and then head to town.
Did I mention that it snowed all day yesterday? I didn't? Oh. It snowed all day yesterday.
Did I mention that the wind blew about 40mph all night? I didn't? Oh... it blew all night last night.
Did I mention that they canceled school today and that the roads were horribly icy? I didn't? Nahhh... I won't mention that.
Anyway... I finished typing up my questions last night at about midnight, couldn't sleep most of the night despite being exhausted, got up at 6 and fed the cows, then loaded up on coffee and made the 30 mile trek to the courthouse this morning.
The upside of all of this is that I was on the stand today from about 9:30 until 3:00, and we finished up right at 5:00. The sad part of all that is that I asked myself questions until 2! It's been a long day, and I'm beat.
Unfortunately, I've still got my closing arguments to submit in 30 days, and then they'll respond, and I'll reply to that, then the judge will still have to rule, so the case isn't over by a long shot, but 90% of the work is done and that's a helluva load off my mind.
Now I've just got the other 196 cases that I'm involved in against the US Gov to scratch off my to-do list and I'll be scott free again. Man I long for the days when I had nothing but taking care of cattle to worry about...
Don't you all wish you were in the cattle business too?