What do I call this pleading?

[anzwerz]

State: AZ

What "title" would I use for a pleading that serves only to provide information to the court/judge, i.e., at a status conference today I inquired if the judge had received my "Notice of Demand for Jury Trial." I got a long-winded response that boils down to, "I'm going to deny your right to a jury trial if I can get away with it!" He kept saying he was "unsure" of this and "unsure" of that, as in the law he was citing. I told him I would thoroughly research it and what format would he prefer I used to file it with the court; notice, memorandum, etc. He said he couldn't give an opinion on it.

Does anyone know what caption title I would give this? Or, just write him a letter with my research results? I really need everything made a part of the record as I feel confident this case will be appealed.

Thank you,
Anzwerz

[sandyclaus]

Originally Posted by anzwerz State: AZ What "title" would I use for a pleading that serves only to provide information to the court/judge, i.e., at a status conference today I inquired if the judge had received my "Notice of Demand for Jury Trial." I got a long-winded response that boils down to, "I'm going to deny your right to a jury trial if I can get away with it!" He kept saying he was "unsure" of this and "unsure" of that, as in the law he was citing. I told him I would thoroughly research it and what format would he prefer I used to file it with the court; notice, memorandum, etc. He said he couldn't give an opinion on it. Does anyone know what caption title I would give this? Or, just write him a letter with my research results? I really need everything made a part of the record as I feel confident this case will be appealed. Thank you, Anzwerz

I'm thinking something like "Memorandum In Support of Notice of Demand for Jury Trial", at least that's what caption title I would give it.

[AFFA]

I wish to inform you that name of the document depends upon the document which you are filing. If you are replying to some document then you can name the document by adding reply to the name of document which you are replying. If you are filing some petition or motion then name of the document will be Petition for or Motion for and then the relief sought. The name of pleading should be such which represents the nature of the document.

AFF

[Friend In Court]

What would be appropriate at this point where the judge is "unsure" of the law [which is very doubtful] would be a memorandum of the law, decisions on point. "Memorandum on.. (legal issue).. (in Support of Jury Demand.)"

When you prepare a memorandum of law, do as thorough a job as you can, with the highest authorities, preferably from your state's Supreme Court and U.S., if applicable. You want them solid enough that should you appeal these same authorities should be a slam dunk. No judge wants to be appealed and if you show you have the moxy to appeal, if necessary, and are standing on solid authority, you will be more likely to win your point and motion.

[anzwerz]

Originally Posted by sandyclaus I'm thinking something like "Memorandum In Support of Notice of Demand for Jury Trial", at least that's what caption title I would give it.

Thank you for your reply and you are absolutely correct! After I thought about it for awhile the same thing came to me; I need to "support" my Notice of Demand for Jury Trial," and I can do that with a Memorandum in Support of....
Sometimes, when you are in the heat of a battle it's difficult to think straight.

Anzwerz

[anzwerz]

Originally Posted by Friend In Court What would be appropriate at this point where the judge is "unsure" of the law [which is very doubtful] would be a memorandum of the law, decisions on point. "Memorandum on.. (legal issue).. (in Support of Jury Demand.)" When you prepare a memorandum of law, do as thorough a job as you can, with the highest authorities, preferably from your state's Supreme Court and U.S., if applicable. You want them solid enough that should you appeal these same authorities should be a slam dunk. No judge wants to be appealed and if you show you have the moxy to appeal, if necessary, and are standing on solid authority, you will be more likely to win your point and motion.

The reason I say the judge is "unsure" is that he has quoted different laws and when I have looked them up they are either not there or he has been incorrect in his reference to the Rule of Civil Procedure, e.g., during the status conference noted in my post the judge requested that the parties send him a copy of whatever we file, "As indicated in Rule 10." Rule 10 of the AZ RCP has to do with Form of Pleading, not sending the judge a "complimentary copy" of a filed pleading. I know in District Court the judges have their personal requirements for filing documents and what must be sent directly to them. I looked in the local rules too and there isn't any rule that deals with this judge getting a copy. He also inferred that allowing me to amend my answer was a "favor" he was bestowing upon me, when in reality, amendments are normally granted liberally, especially with pro se litigants. I'm not trying to be a "know it all" but this case has been dragged on for 5 years and it has become very complex and convoluted. I have struggled through the bias, prejudice, disdain, and contempt the courts harbor towards pro se litigants.

I have learned the hard way about the solid authorities and search until I find my States Supreme Court, and the U.S. Supreme Courts decisions and authorities.

Your comment about judges not wanting to be appealed was very helpful as I had wondered what they think about that. All of my pleadings are geared towards an appeal; I want the appeals court to have all the information since I can't introduce anything new.

Thank you for your time in replying.
Anzwerz

[Friend In Court]

Right to a jury is fundamental. In all criminal cases, in disputes over a certain number of dollars (for federal court it is spelled out clearly), and in all states' opinions.

Try to findlaw.com and also cornell university's law library sites -- if you do not have access to Lexis or Westlaw which are very easily searchable by words and phrases 'in x No. of words."

With a judge who is playing unsure of authorities, it does not hurt to come down with the highest in U.S. and one's state. At least it will let him know you have done your homework and should appeal be necessary, you know where to find 'dispositive authorities.'

Good luck to you.

Good Luck.