Thank you.Would this be approiate in a lawsuit also?What are the key language points?Phil
On Sat, Jan 24, 2009 at 4:17 PM, <[email protected]> wrote: > Refused for Cause = R4C > > ----- Original Message ----- > From: "Phil Wolf" <[email protected]> > To: [email protected] > Sent: Saturday, January 24, 2009 3:04:31 PM GMT -08:00 US/Canada Pacific > Subject: Re: Refusal for Cause Works for Suitor? > > Please what is a R4C? > > On Sat, Jan 24, 2009 at 2:05 PM, Darren & Sharon <[email protected]>wrote: > >> This is powerful, but I want to wait to make sure the February hearing is >> indeed cancelled; also that he doesn't end up with an arrest warrant for >> "failure to appear." -- S >> >> ---------- Forwarded message ---------- >> From: David Merrill >> Date: Fri, Jan 23, 2009 at 5:07 PM >> Subject: FW: Refusal for Cause >> Dear Suitors; >> >> This email just in. >> >> ------------------------------ >> -----Original Message----- >> *From:* Suitor >> *Sent:* Friday, January 23, 2009 4:34 PM >> *To:* David Merrill >> *Subject:* Refusal for Cause >> >> Thank you. >> ------------------------------ >> >> >> Earlier today this suitor called me because he wanted some help about a >> State Patrol ticket he had R4C'd and today was the "arraignment" - sometimes >> called the *First Appearance* or something clever for *Cattle Court*. >> Therefore the first thing I instructed was that he make sure the legal name >> he gave the trooper was on the docket - it was. In the city/state where this >> happened, the suitor had some choices at that juncture - 1) proceed to the >> cash register (plead guilty and pay up) 2) proceed to court before the >> black-robed attorney for a hearing or arraignment, or 3) proceed to the >> district attorney assistants for the benefit of discussion, plea bargain >> etc... >> >> The suitor and his witness chose 3) and found themselves in a spartan >> concrete metal desk - jail cell type of a room with an assistant district >> attorney, ADA. The suitor showed a copy of the ticket Refused for Cause with >> the clerk instruction to federal court and the ADA became upset and claimed >> that he had no idea what that paper was or what it meant. Soon there were >> three ADA's all badgering and belittling the suitor and his witness. The >> meeting quickly culmintated in setting a court date in mid-February with the >> ringleader of the DA team declaring that if Suitor didn't show up he would >> be facing an FTA warrant for arrest and that the R4C was going straight into >> the garbage where it belonged! >> >> I gather it was from in front of the courthouse that Suitor and his >> Witness called me back and described the turn of events. I tried and tried >> for a few minutes to regain control of a lifetime of mental conditioning and >> was able to get it across in terms of *objective*. The objective of going >> to the courthouse and making a restricted appearance was to correct and/or >> prevent any fraud upon the court. That is to say, that when Trooper received >> the Presentment R4C'd timely, it was encumbent on Trooper to either >> intercept the Process on its way to the courthouse or to inform the >> courthouse that it had been R4C'd. Apparently that had not been done. The >> suitor is an engineer-type and when he wanted specific directions understood >> that I could not imagine the options before him - like writing software in >> block diagrams and the three choices in the first paragraph above. So I >> implored that he just remain calm and objective-minded. >> >> He did. >> >> Rather than go all the way home to print out another image of the R4C'd >> Presentment he chose to locate the ADA and retrieve his copy from his >> wastebasket; only to discover that it was sent up to the 5th floor courtroom >> instead of being discarded. Not only that, it would appear the ADA ring >> studied it and had completely changed their tune about the R4C! The ADA >> inquired about the clerk instruction and commented that the federal court >> had no jurisdiction. Suitor replied that he was not arguing jurisdiction - >> only that the record was being kept at the federal courthouse. >> >> Suitor went up to the 5th floor to locate that copy of the R4C so he could >> inform the judge about potential fraud on the court. - Only to find the ADA >> up there too, who located the R4C and gave it to him with directions about >> getting the audience of the court. And so that transpired; Suitor approached >> the bench and handed the R4C to the judge and walked to the podium - however >> for symbolic reasons stayed in front of the podium - perhaps the metaphysics >> of the podium being an altar is objectionable? Anyway when it was time >> Suitor explained that he was showing the R4C to the judge so as to prevent >> any fraud from being perpetrated on the court. The judge said, "Okay" and >> accepted the R4C into the record. >> >> The jubilant Suitor and his witness called again, I imagine from in front >> of the courthouse, and I suggested they go find the ADA and confirm the >> hearing for mid-February was cancelled. >> >> >> >> Regards, >> >> David Merrill. >> >> >> P.S. I recall several years ago something quite similar happened to one of >> you. >> >> >
