[desertqueen56]

I need to find out How to file a notice of motion to vacate a small claims judgment. Where do I get the form? Is one available on line? I was served with papers on a case. I called to reschedule. I was told fine it would be reschuled. I come back from vacation and I have a judgmnt agaiinst me. I called the court, they rescheduled. The judge had to reclude himself because of conflict of interest. I explained my case to the referee. It was rescheduled. (The original clerk was dying of cancer) . Then I get told I need to get an attorney to file this form. The original case was the plaintiff did not receive akc papers in what she felt was a timely manner. I had the papers when the court date arrived but was on vacation. What do I do> This is small claims in OHio

[excon]

Hello desert:

Some courts will accept motions written on toilet paper with a magic marker. Others want every I dotted and t crossed. In addition, most small claims courts don't let lawyers operate there so I doubt you are required to hire one to write your motion.

Here's what I would do. I would hand write it in the form of a letter to the judge. Tell him why he should vacate the judgment (LEGAL REASONS), not just because you think it would be nice. Make copies and file it. The clerk CAN'T refuse it. A judge would have a very hard time turning you down because your motion lacked form.

Of course, you could hire a lawyer to do it. Or, you could buy a copy of the "Rules of Civil Procedure" for the court you are operating in. In that book, you will learn exactly how this court likes its documents submitted including the font size, margin size and stuff like that. It won't tell you what to say, though.

excon

[mr.yet]

Note this on all court docment and pleading:

Defendant ask the court to take judicial notice of the principles of

HAINES v. KERNER ET AL 404 U.S. 519 (1972). 404 U.S. 519, whereas they are to look at the substance rather than it's form, and that the court must construe inartful pleading liberally in pro se actions. Also that the court notify the defendant of any rights which they may have over looked.

[desertqueen56]

Thank you for your imput. Another problem with this case, it's a very small court. The presiding judge represents my son in some issues. He recluses himself. But he is the one that told me to get a lawyer to vacate this. I tried talking to him but he just says he can't hear the case. Doesn't really let me explain the facts. Then I get a letter stating all the times I called but just puts dowsn that I was calling to see how the case was coming. Not true.

[ScottGem]

He's right. Since he represents your son, he should recuse himself and shouldn't discuss the case with you.