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Family court pro se filing and section 4

by Tim
(Palm Beadh )

Working Pro se in 15th District of Palm Beach, divisional instructions and state statutes provision the pro se litigant with certain equal rights and treatment as attorneys. Setting of hearings, however, has been forbidden, I have found, thereby putting my motions at the time or inclination of the judge - and not first come, first served, per divisional instruction. Moreover, opposing counsel has misrepresented to the court compliance to section 4, settlers by hearings without prior notice nor any consult.

Even more disconcerting, urgent ex parte filings go unanswered by the court and this has been for more than a month's time.

During a hearing the judge refused to listen to issues around section 4, saying to "file a motion." Yet a motion sent prior to this hearing in fact called attention to the violation of section 4 and to the unequal footing of the pro se, in not being permitted to set UMCs.

Given the above, have I grounds to stop and move this case to another judge or even district, and/or other avenues to ensure my rights, assets, etc. are protected and restoreable as we wait months for setting of a final hearing?

This is a short term marriage with Prenuptial agreement and it is by my claims being made unnecessarily vexed by the Wife and her counsel, while this is propounded by the court itself.

Comments for Family court pro se filing and section 4

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15th Judicial
by: Anonymous

Unfortunately, that's what is happening to many pro se individuals and why I am so happy to be a member of FALDP to help bring light to issues like yours. FALDP provides information and resources on the website and I hope you continue to take advantage of them. You have the right to access the legal system and the right to represent yourself.


Unfortunately...
by: Anonymous

Thanks Anonymous. The problem is the judge, pro se desk and JA all refused to permit me pro se to set any hearings. I was told this is at discretion of judge - yet any attorney can set UMCs and motion for other hearings. This is violation of due process, denying pro se the powers to manage their own case and the first come courtesies of seeking a UMC to seek formal hearing.

I'll tell you what, FL family court is unconstitutional, first off, and further it is prejudicial vs. pro se litigants. Moreover the entire system statewide is essentially and literally rigged - rigged to foment puffery by $300+ hour attorneys in what is an unregulated, close knit industry of profiteering without consequence to neither attorneys, they Bar nor the judges themselves.

Lawyers, Judges: You a frightful lot. How the many of you sleep nights in good conscience confounds not just me, but your peers and countless citizens.

My wish and eventually my work, once I find the angle and means, is to pop your balloon of manipulation and creating a frenzy round the simplest of cases and matters in them. Egregious. Simply egregious. And it has nothing to do with "the system is complex" or "get an attorney" or other lip service. You've constructed an inscrutable and inveigling shell game.

Shame of you who perpetuate it. Shame on you.

15th Judicial
by: Anonymous

Tim-

Unfortunately in the 15th Judicial Circuit, pro se litigants have to call the case manager to set hearings on their motions. The Judicial Assistants will not talk to pro se litigants and Judges will not accept correspondence from pro se litigants even if the correspondence has been cc'd to opposing counsel. Many times, Judges will not rule on any pro se motion if the proper form has not been used.

Go to:

http://15thcircuit.co.palm-beach.fl.us/

Click on Judges and Magistrates at the top of the page. Then click on the Judge who is overseeing your case. Read his/her divisional instructions. There is a section for pro se litigants and who they should contact to set hearings.

Hope this helps.

Sheila Smith
Fundamental Document Services, LLC.
fundamentaldocs@gmail.com



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