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Author Topic: Filed in wrong court?  (Read 1384 times)

HelpingHands

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Filed in wrong court?
« on: Oct 25, 2006, 08:10:07 PM »
Va Case. Child and I reside in TN.

I just realized the interrogatory was filed in the wrong court. There's several different courts operating within same courthouse building on different floors including for city and for county. The information on the heading of the interrogatory states the wrong courthouse. Instead of 'in the circuit court for the city of xxxx' , she put in the circuit court for yyy county'.  When calling the courthouse, if you ask for information re: the case number in the court listed on the interrogatory, it's not my case information, it belongs to another case in that court.

Also, the mother has made numerous phone calls to me this weekend stating she wants to drop the case now. That she wants to keep things as they are, talked to my daughter about it, wants me to speak to her about it, and today just stated that she has an appt with her attorney on Nov 2 to talk to her about dropping it.

1. Is the interrogatory void because it wasn't filed with the correct court or written with the correct court's information at the top(in the court of: xxxx is incorrect) when sent to me?

2. I don't want to respond to something, that I don't 'have to', but I also don't want to get in trouble for not responding, when the attorney's made a mistake. Her mistake= my luck or should I answer it anyways?

3. Is it even possible to pull a request for an appeal this far into the game? If so, what does that do for the other issues at hand like the child support to be heard during the same hearing?

4. Is there any way to prove she is saying the things she's saying on the phone? What about tape recording the conversations, is that legal? shes in va im in tn.

Thank you-


socrateaser

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RE: Filed in wrong court?
« Reply #1 on: Oct 26, 2006, 07:14:33 AM »
>1. Is the interrogatory void because it wasn't filed with the
>correct court or written with the correct court's information
>at the top(in the court of: xxxx is incorrect) when sent to
>me?

Interrogatories are not filed with the court, unless they are offerred as evidence at a hearing. The error in form is irrelevant, unless you are actually involved in another case in the court which is misrepresented in the caption. Either way, you can easily clarify who is requesting what by contacting the other party, and you must respond to the interrogatory request.

>2. I don't want to respond to something, that I don't 'have
>to', but I also don't want to get in trouble for not
>responding, when the attorney's made a mistake. Her mistake=
>my luck or should I answer it anyways?

See above.

>3. Is it even possible to pull a request for an appeal this
>far into the game? If so, what does that do for the other
>issues at hand like the child support to be heard during the
>same hearing?

The party originating an action can always move to dismiss, however the responding party can request that the case go forward, and the court will probably refuse to dismiss. If the responding party agrees to the dismissal, then the court will dismiss. Usually, a voluntary dismissal without agreement would be grounds for getting attorney fees and costs from the originating party, for wasting everyone's resources.

>4. Is there any way to prove she is saying the things she's
>saying on the phone? What about tape recording the
>conversations, is that legal? shes in va im in tn.

Recording a conversation is not a crime if at least one person knows that the recording is taking place, but it's not admissible as evidence in a VA court unless the provisions of VA Code § 8.01-420.2 are followed:

"No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless:

(i) all parties to the conversation were aware the conversation was being recorded or
(ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage.

The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded.

This section shall not apply to emergency reporting systems operated by police and fire departments and by rescue squads, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62."

 

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