Hello every One, and welcome to the Witches, Wizards and Warlocks Lucky Wednesday Edition, and what a Lucky Wednesday it has been in Deed!!! I hope all You Witches and Wizards are feeling equally Wonder-Full. We finally received a reply to Our most Magical Motion after as King of the Court just last week to produce the Record of the Court’s requisition from the Motion’s Office to Sally A. Gomery, as King of her to reply to defense counsel’s email regarding this Matter. No such document was produced, though I received the following reply from Ashley Moniz Andrade late this afternoon.
So I have a few amendments to make to My pdf documents, but this is all otherwise Good News. It’s obviously not as Good as knowing the Order is Vacated already, though it Gives Me a chance to Present the most critical points quickly and clearly. A lot of the information was initially confusing because the Courts were telling Me one Story while defense counsel was telling Me another. It didn’t make sense to Me that the Courts would Willfully deceive Me in an email they surely knew I would retain for My Records. It also doesn’t make sense to Me that if the Courts had requested for Sally A. Gomery to make this determination that they would have instructed Me to serve My Motion upon the defendants – they would simply explain why they were as King of the justice to make this determination contrary to the information I was Given previously. Needless to say, that was not the case.
After advising the Court in My ex-parte Motion that defense counsel had privately petitioned the Court in violation of Rule 1.09 at least twice, and that I believe they privately petitioned a judge outside of the Rules, with fraudulent testimony (omitting the Court’s response to their email request and their second email to the Court Showing they didn’t receive a reply and were about to be noted in default) causing Me harm by the loss of My right to a fair and impartial hearing, I was instructed to serve My Notice of Motion upon the respondents. If the Courts Wished to ‘clear the Record’, the Courts would have explained to Me why they were as King of Sally to make a ruling without Notice to Me, and contrary to the information previously Presented by Ashley.
The Courts are not there to deceive People. Rule 2.1.01(6) is a Motion to the Court by a party to the proceeding (specifically). Only ‘the Court’ can dismiss under Rule 2.1.01 without any materials being Presented to the Court by either party. Sally A. Gomery specifically states that she is responding to an email request from the 22nd of June that the Court previously indicated was not under consideration on the 24th of June. From this point forward, there is no Way for this ruling to come before Justice Sally A. Gomery unless a new requisition to do so (Motion) is made to the Court [by defense counsel].
In Canada, in Civil Matters, no party is allowed to make requisitions to the Court without serving prior Notice upon the opposing party. I’m only pointing this out to make it clear that defense counsel can’t even ‘claim’ to have filed a second motion or email request to dismiss that I am unaware of because an integral part of the filing a legitimate requisition to the Court is proof of service upon the opposing party.
What makes this really ‘Lucky’ today is that Ashley’s email is proof of all these details. The first thing Ashley states is that cc’ing the Court is not (legal) service of Notice (though it is perfectly lawful and would be a Good example for My legal verses Lawful series which I Will continue tomorrow), and so they are as King for Me to include an Affidavit of Service showing the email delivery of My Notice of Motion as an attachment. My exhibits also have to be included in a single pdf factum (and I mention to the Court when I Present these materials that they were not prepared or intended to be Presented as digital files, and to provide further instruction if necessary), and the Factum to be no more than ten pages.
One of the main details they are communicating is that they Wish for each of the required Court forms to be a standalone digital document. They Wish to have only one digital document (pdf) for each Court form; the Notice of Motion, Affidavit of Service, Motion Record, and requested Order (same for Motion Factum and Reply Factum if applicable).
It may seem a little like the Court is being very stringent and fussy. They are. And they should be. Consider how meticulous the Courts have been in their attention to detail with every form I have filed. It may seem like a lot of requirements but what are We learning from it? After all the direction and instruction We have received from the Court with respect to what constitutes an official filing by email, what are the Courts really doing? Remember when I said to read what is not said?
Yes, the Courts responded to defense counsel’s email only to Me. That may have seemed a little unfair at first, but is there any official Court form even attached to that email? No. It’s just a casual email without any Court forms whatsoever. A lawyer Will be expected to know that is not how One files materials with the Court.
Although Ashley Moniz Andrade may be Giving Me very specific, detailed instruction, Keep in Mind that defense counsel are receiving this email, too. Ashley is just as much telling defense counsel what materials are required in order to process an email request to the Court, as they are Me. They are just as much telling Me what I am required to provide in Order for My Motion to be heard, as they are advising Me of what defense counsel failed to produce in Order for their request (on June 22nd) to be considered by the Court. These instructions apply to both parties equally, pertaining to all requisitions to the Court. The rules for filing were not different on the 22nd of June than they are today, Ashley is just helping Me to emphasize how unprofessional and inappropriate their email letter to the Court is by comparison.
Love and Blessings, lots more to share with You tomorrow!!!
Today’s feature photo is unrelated, I just really like it.
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