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18582Re: [tips_and_tricks] Question OFF TOPIC..

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  • vze4bqdp@optonline.net
    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 respect.

      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 arrest.

      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 default?

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