Monday, December 26, 2011

Weaving My Way Through The Legal Web

  The past month or two have been trying. We were supposed to have a cross examination for discovery in November. "Discovery" is when each side asks questions of the opposing parties (Sharon and I). The discovery was what I called, "postponed" and Sharon's lawyer called, "re-scheduled".
   After I filed (with the courts) one of my affidavits on Oct. 24th, 2011, the other side notified me by mail regarding wanting to expunge (have removed) half of the content of my affidavit.  Sharon's lawyer would not go ahead with the exam for discovery until the Master (Judge) made a decision on their motion to expunge.  I, of course had no recourse but to agree as I didn't have a physical location to hold the discovery examination. So wait I did. They were asking the Master to make a decision as to costs involved for the expungement process. They wanted me to have to pay for the costs in one lump sum before I could continue with my case.
  I was under the impression that I was suppose to have to appear in a court setting before the Master to argue the expungement matter in person. I was preparing for this type of forum for several days.
  I went to the court house for the time listed on the docket (8:30). To my surprise there was no personal appearance needed. As I found out, the decision would be heard behind closed doors. Did I feel like a fool. I was quite pissed off at myself for wasting that much time.  I rushed back to my computer (30mins from the courthouse) to try and make some kind of written response even though I knew the reply was very late.  I put a one page reply together and rushed back to the court house to try to have it filed and hopefully put in front of the Master.
  The Master did not award costs (in one lump sum). This was the one thing I was really worried about.  I did not want to delay the already slow court process.  I had/have no money to pay any lump. The Master did remove 6 of my 11 paragraphs. Of the 5 remaining, two of my most important paragraphs containing crucial information were left in my affidavit.
  I felt successful!

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