2007-03-14 - 2:51 a.m.
I realize that even if I had permission of my friend who wrote the spoof article I can't scan it here a it was superimposed over some REAL published material!
Oh well... can't share that here!
I am really thrilled with my class. I can't believe however that I am awake at this hour as I have to go to sleep to be alert for class tommorrow.
I have had boughts of insomnia lately. For a long time I was just USED to the night schedule and maintained it a few nights a week to get things done.
But at this point I think it is bona fide insomnia due to stress and resulting in hyperfocus of working on things and contuinuing on task way too late into the night!
The fact that a CROSS CLAIM Was in my assessment filed in a sneaky manner without a HEADING of CROSS BILL on the FIRST PAGE but rather kind of like one of those riders to a contract you might not catch if you don't read carefully... the heading of CROSS BILL or CROSS CLAIM was LATER in the document, after the ANSWER. So the cover page said ANSWER. Sneaky if you ask me.
That combined with the fact I WAS NEVER FURNISHED A COPY OF IT
I had to go to the court to read it.
That and the fact that my attorney then waited A FULL 21 DAYS BEFORE HER HEARING ON THE MOTION FOR HER WITHDRAWAL OF COUNSEL makes me just worry a bit.
THE Cross BIll for Divorce was apparently HANDED to her on Feb 8th (in the court I believe) That was the SAME day as a hearing (on whatever.. I forget now OH YEAH so called PENDETE LITE...)
So in those intervening three weeks, procedurally anything I do is not procedurally accepted.
But AFTER THOSE THREE WEEKS it is BEYOND the 21 DAY WINDOW in which one has to file a RESPONSE TO A PLEADING.
I was HOPING it just might have been 30 days to respond. I hadn't even time to look the damn law up. I just delt with the hearing to dismiss my counsel, and then I moved on to the next step ASAP.
I filed my responsive pleadings on the first opportunity. It WAS WITHIN 30 days.
I FILED THE TRANSCRIPT of the COURT HEARING OF JAN 10 with the trial court on MARCH 12. I filed NOTICE of its filing on MARCH 9 (60 days from date of JUDGEMENT of decision of the trial court is when the TRANSCRIPT must be filed in the trial court in order to PERFECT AN APPEAL TO THE VA COURT OF APPEALS.)
I picked up the transcript on Fri the 9th of MArch- on the 60th day after the judgement. I noted the signature of the court reporter WAS NOT NOTORIZED and that the TWO COPIES I HAD JUST PURCHASED WERE NOT CERTIFIED COPIES.
I believed they would not meet the best evidence requirements of the court.
So I went back on MON and got a letter indicating due to the death of her parents...
(goodness that's the narcoleptic falling asleep right into a dream state that just happened to me. I was dreaming about someone missing school. There was a disabled man on the bus today talking about how he misses his Dad who died last year at this time. He said he had missed work the whole week after his Dad died last year. Thus the dream..)
ANYWAY... I got a letter from the court reporting agency indicating that as they have a liscensed court reporter they have no duty to give a cerfified copy. They said there is no need for the court reporters signature to be notorized.
So I filed my motion for leave to accept late filing along with the explaination of why the BEST EVIDENCE rule had been as I filed the BEST EVIDENTIARY COPY OF THE TRANSCRIPT THAT I could get a hold of in order to try to perfect an appeal to the VA COURT OF APPEALS.
I also filed $5.00 to correct paying theoff games.
OK FALLING ASLEEP and that's a hilarious subconsious dream writing of "Paying off games".. hmmmm
I meant to write that I paid $5 to correct having paid the INCORRECT FEE of $20.00 at the prompting of a court clerk as I was told the amount required was $20.00 when it in actuality is $25.00.
So I am a bit nervous regarding all these filings having been honored.
This Friday I also answered the CROSS BILL and think I did OK. I rushed to finish and file so the end of it was a bit choppy, forceful, unprofessional and aggressive like in the infamous evil ALL CAPS being included that I am in the BAD HABIT OF!! I wrote something off the cuff and then asked to ACCEPT the RESPONSE TO THE Pleading for separate maintenance on his part ALSO AS A RESPONSE TO THE CROSS BILL, and I asked the court to consider that to be ACKNOWLEDGED AS TIMELY FILED.
So maybe my last minute pinch hitting hit a homerun.
But it might be a foul, out of bounds and not count- no matter how strong and how high I fielded the ball.
TIME WILL TELL.
AND THEN THERE IS ALWAYS 21 DAYS TO REALLY FILE AN INEFFECTIVE COUNSEL ACTION
ALTHOUGH I MADE A PROMISE
AND I HONOR MY PROMISES
SO I HAVE NO INTENTION OF DOING THAT
I THINK IT UNNECESSARY, COUNTERPRODUCTIVE, AND VINDICTIVE
It's not my place to seek punishment.
It is MY RIGHT to not accept ill treatment and abuse.
So I will not receive ineffective counsel. Just like I and the girls and my older children will not be abused anymore.
BECAUSE THERE IS ALSO ANOTHER COURT IN VA, THE SUPREME COURT.
And I for one think there are a number of legal issues here which are in fact RIPE.
One being, the legal question of whether a client MUST file a claim of ineffective counsel in order to have a case challenged on the constitutional grounds of (WHAT THE HELL IS THAT CALLED.... REASON FOR BAR FAILURE I GET THE IDEA BUT THE JARGON SLOW IN COMING.... OH YEAH... DUE PROCESS)
FAILURE OF DUE PROCESS
THAT I BELIEVE IS A WONDERFUL LEGAL QUESTION THAT THE SUPREME COURT PERHAPS WOULD BE INTERESTED IN.
I SEE THE FOREST BEYOND THE TREES
I ALWAYS HAVE
I think that was good news.