Since I have never seen a response to this question of yours, I ll offer one of my own. The short answer is that you have no obligation to correct the failures
Message 1 of 5
, Jul 1, 2011
Since I have never seen a response to this question of
yours, I'll offer one of my own.
The short answer is that you have no obligation to correct the failures
of the court or opposing counsel. If you appear at the
"intended" time (as opposed to the appointed time, you may very
well be forfeiting to a proper appearance in the process. That seems like
something to avoid, I would think. Making a Special Appearance
specifically for the purpose of challenging personal jurisdiction
may be the tactic of choice. In any event, this is not a "Nunc pro
Tunc" opportunity, although you can expect some resistance in this
I had a similar experience some years ago with a subpoena served upon a
family member specifically for the purposes of harassment. When the
witness failed to appear for the 2pm hearing, there was a lot of chatter
about issuing an arrest warrant to compel appearance. The judge knew
something was up and was cautious enough not to sign the warrant, despite
the push from the lawyer who had written the return appearance for
"2 in the Forenoon." The subpoena had been scoured for errors
without success by everyone in the room, and I was reminded that
insignificant errors would not affect a duty to appear.
I would not have acted as I did without the consent of the party
subpoenaed, but I admit to having had visions of an action for false
The only reservation I might have with your predicament has to do with
the nature of your "court" and whether or not it amounts to
anything more than an administrative hearing. I avoid administrative
hearing in favor of court appearances, myself, but my impression is that
most people in this group see advantages to avoiding the judiciary when
possible. I would say that at the very least you would do well to
determine exactly what venue you are in -- administrative or judicial --
looks can be very deceiving, and intentionally so! To a large extent
where you are exactly may dictate your best approach.
At 11-0623 02:42 am, you wrote:
I was given a ticket/Citation from the local Sherriff. He put down
my promise to Appear date July 26, 2011 at 1:30 AM (YES
AM!!) if I go to the court at that time with witnesses can I
get my case dismissed since they are in
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