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Judge bauer Procedure re Tabs
Jeff:
The judge has to read your Exhibit 1. She has a limited amount of time to do that, because there are so many other docs to read. If you make the judge "find" the exhibits in your exhibit, she will have to take much more time "searching" though your exhibit.
Our jobs, as lawyers, is not to do the least to get our clients what they need, our job is to be efficient in getting those orders. Part of being efficient is realizing that we are part of the legal system, and that we can make it easier for the courts to give us what we want.
It is a pain in the back side to go through exhibits and tab them, but consider if you were a judge, and you had a ten foot (probably more likely a 30 foot) pile of document to go through to get orders out. The ones with tabs are going to be read first. They will be easier to read, easier to comprehend, and easier in every way to deal with. We are in a symbiotic relationship with the court. We bring them cases, they issue the orders we need. We cannot live without them, and they cannot live without us.
I have sat in private conferences with Judges who are insulted when a lawyer won't help them do their jobs, and just reject motions without tabs.
Smile while you are tabbing, you are helping the system work. You are helping the judge, and you are helping me, if my order is behind your order in the pile.
Dennis
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Sep 30, 2014, at 12:43 PM, jsmith@cgsattys.com [cdcbaa] wrote:
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> I file a Motion on scream or die notice that has 10 exhibits. Judge CB in SA.
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> We send the judge her chambers copy tabbed as required.
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> No opposition filed.
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> I file the declartion of no-opposition recieved and request for entry of Order.
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> The only exhibit to that is the underlying motion which is tabbed as Exhibit 1. We do not tabb the Exhibits to the Exhibit in this document.
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> I just got a call from her clerk. He says that per the local rule all Exhibits must be tabbed and the court will not consider the Motion unless re submitted to chambers with exhibit tabs.... to the exhibits to the underlying motion. I have NEVER tabbed exhibits within Exhibit 1 to a declaration re non-reciept of opposition.
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> Am I just wrong? What do you folks do? Maybe I'm just venting here as it seems to be sillyness beyond silliness. They have the fully tabbed motion I originally sent them.
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> Last week, the same judge (same case) rejected a LOU order because we listed the debtor, last name first, then first name in the caption. ???? Really??? AAARRGH!!
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> Jeff Smith
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The post was migrated from Yahoo.
Hello Jeff:
Yes, it's a mad, crazy world of GS-7 federal employees dictating your practices. A harsh reality.
I tab the exhibits to the exhibit on the theory that the court doesn't really have the motion from the first time I filed it. Local rules say you don't need to send a scream-or-die motion when filed, only when submitted for nonopposition. Clerks have told me that they routinely toss scream-or-die motions sent when filed; the judge and her staff won't go back two weeks through the flotsam of filings to find the referenced motion. They just look at the motion sent as an exhibit to the declaration of nonopposition.
As for bouncing an order because the name was transposed - their training doesn't admit of imagination or creativity. In Tax Court once, I had a motion bounced because I forgot to put the comma between "name" and "Jr."
It isn't fair, and it doesn't make sense. Our lot is to keep our heads up and carry on against the tide anyway.
- John D. Faucher
818/889-8080
On Tuesday, September 30, 2014 12:43 PM, "jsmith@cgsattys.com [cdcbaa]" wrote:
I file a Motion on scream or die notice that has 10 exhibits. Judge CB in SA.
We send the judge her chambers copy tabbed as required.
No opposition filed.
I file the declartion of no-opposition recieved and request for entry of Order.
The only exhibit to that is the underlying motion which is tabbed as Exhibit 1. We do not tabb the Exhibits to the Exhibit in this document.
I just got a call from her clerk. He says that per the local rule all Exhibits must be tabbed and the court will not consider the Motion unless re submitted to chambers with exhibit tabs.... to the exhibits to the underlying motion. I have NEVER tabbed exhibits within Exhibit 1 to a declaration re non-reciept of opposition.
Am I just wrong? What do you folks do? Maybe I'm just venting here as it seems to be sillyness beyond silliness. They have the fully tabbed motion I originally sent them.
Last week, the same judge (same case) rejected a LOU order because we listed the debtor, last name first, then first name in the caption. ???? Really??? AAARRGH!!
Jeff Smith
The post was migrated from Yahoo.