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Serving a Order by a Judge

Discussion in 'Civil Court, Procedure & Litigation' started by Nasheayahu, Jun 11, 2021.

  1. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    The emailing part I have no objections, out of all the documents being email to one another during the process, this one was not stamped with a filing date before sending it to me. 1) Does this void the serving of the document and 2) would this Article hold true for this case?

    2018 New Mexico Statutes
    Chapter 39 - Judgments, Costs, Appeals
    Article 1 - Judgments

    ANNOTATIONS

    Notice to opposing counsel. — Judgments and orders must indicate by counsels' signatures that all parties affected have seen them before they are presented for the judge's signature, and the judge shall be satisfied by proof of service that notice of presentation has been given to the attorneys for all parties. Whoever files an order or judgment shall forthwith provide all other parties with a copy showing the date of filing. Montano v. Encinias, 1985-NMSC-107, 103 N.M. 515, 709 P.2d 1024.

    Even though they emailed me this Order, I don't know when they filed it.
     
  2. Red Kayak

    Red Kayak Well-Known Member

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    You are representing yourself. You have not been having any luck so far. Part of your problem is that you believe that you are smarter than you actually are. That is why you were fired. That is why you are not getting the legal results that you think you should.

    No, a judge is going to look at your inept use of the English language and your attitude, and come to the same conclusion.

    Representing yourself means that you have to be very clear, direct, and to the point. No misspellings. No misused phrases.
     
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  3. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    I don't have to worry about that here.
     
  4. Zigner

    Zigner Well-Known Member

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    You really don't get to choose who posts on your threads.
     
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  5. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    Can anyone shed some light this?
     
  6. Zigner

    Zigner Well-Known Member

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    Really? smh
     
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    Yes.

    Almost certainly the answer to that is no.



    That has nothing to do with your case. That's a rule that applies when a court judge directs one of the attorneys in the case to draft up a proposed version of the judgement or order for the judge to sign. When judges make decisions from the bench at the end of a hearing it is not uncommon that they ask the party that prevailed in the hearing to draft up a proposed order that reflects the judge's decision. Since a party is drafting the proposed order, NM law (and the law of at least some other states) requires that the attorney drafting it share the proposed draft with the opposing attorney(s) for comment prior to submission to the court and, if needed, allow the opposing attorneys to contest with the judge any part of the draft order or judgment they don't like.

    Your matter is not in court. It's before a government personnel board, and the rules are different there. Even if the rules were the same, yours is not a situation where the opposing attorney has been assigned by the hearing board to draft up the judgement of the board.


    And why does that matter? The timing of filing with whatever office the order gets filed with is unlikely to affect its validity. You've not indicated what personnel review board this is, but for example if it is the NM state personnel hearing board there is nothing in its adjudication rules that requires the order be filed first before it is is valid.

    I get the feeling that you are wanting to avoid the order in this case and are hoping that a technicality in filing the order will save you. I don't think that's going to be helpful for you to focus your efforts on.
     
  8. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    A little about me, by career I'm a Software Developer (16 year occupation), that's my expertise. I have no plans of avoiding the Order, I'm looking forward to a Court appearance to DESTROY this Order, because it was not done according to the Law. This is my opening of my Notice of Appeal:

    COMES NOW, (“Appellant”) former Motor Coach Operator (“MCO”), Pursuant of the Revised Ordinances of Albuquerque, New Mexico in 1994 (“ROA”), “An aggrieved party may appeal the decision of the Board within 30 days of the issuance of a written decision by following the Rules of Civil Procedure for the District Courts. The decision of the Board shall be affirmed unless the decision is found to be: arbitrary, capricious or an abuse of discretion; unsupported by evidence in the record taken as a whole; or, otherwise not in accordance with law.” § 3-2-11 Hearings and Decisions (D).

    And the opposing Counsel does not have a defense of what I listed therein and they don't want me before a Real Court of Law that judges accordingly. There was another reason, so I just wanted the understanding so I can cover every angle.
     
  9. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    Background: Former employee of the City, I'm appealing an Administrative Order by the Personal Board and here is my opening statement of the Notice of Appeal:

    COMES NOW, (“Appellant”) former Motor Coach Operator (“MCO”), Pursuant of the Revised Ordinances of Albuquerque, New Mexico in 1994 (“ROA”), “An aggrieved party may appeal the decision of the Board within 30 days of the issuance of a written decision by following the Rules of Civil Procedure for the District Courts. The decision of the Board shall be affirmed unless the decision is found to be: arbitrary, capricious or an abuse of discretion; unsupported by evidence in the record taken as a whole; or, otherwise not in accordance with law.” § 3-2-11 Hearings and Decisions (D).

    I need understanding of what this mean:

    Rule 1-074 - Administrative appeals; statutory review by district court of administrative decisions or orders

    A.Scope of rule. This rule governs appeals from administrative agencies to the district courts when there is a statutory right of review to the district court, whether by appeal, right to petition for a writ of certiorari, or other statutory right of review. This rule does not create a right to appeal. For purposes of this rule, an "agency" means any state or local government administrative or quasi-judicial entity.

    1. ...governs appeals from administrative agencies - does this mean my appeal against to the City Peronal Board?
    2. ...when there is a statutory right of review - who's right, the City's or mine? And right to do what?
     
  10. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    So thing, is possible to move the one I just posted here?
     
  11. justblue

    justblue Well-Known Member

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    So thing?


    Yes. You could cut n paste it here or request one of the mod's move it. If you cut 'n paste it would be faster.
     
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  12. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    Typo, I started writing a different response, but didn't remove everything I started.

    Will as I think about it, every question is unique and I want to keep them separated, because I want to understand every legal aspect of my case. Being I have no experience as a Attorney and can't afford one, dissect every part will help think like a Attorney.
     
  13. Nasheayahu

    Nasheayahu Law Topic Starter Member

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    Who move this? I didn't request it to be moved? The the thread title does not match the question and I want it moved back has a separate thread please.
     
  14. adjusterjack

    adjusterjack Super Moderator

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    What you appear to have done was to post a question in this thread and then opened a new thread to post the same question. That's not acceptable here. It doesn't matter if your question is not reflected in the title. Everybody here has been following everything you wrote and will see your new post and someone might deign to answer.
     
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  15. Tax Counsel

    Tax Counsel Well-Known Member

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    Ok, you do have that right to appeal and the standard the district court judge must apply is the one you stated: the board's decision must be upheld by the judge unless the board's decision was "arbitrary, capricious, or an abuse of discretion; unsupported by evidence in the record, or otherwise not in accordance with the law." You have the burden to prove that standard, i.e. you have the burden to prove the Board was arbitrary, capricious, etc. You've not given any indication of what the Board's decision was or what your argument is for how it was so bad that it resulted in a decision that met the standard described above. Given the standard that is applied, these are not easy appeals to win. You cannot bring in any new evidence that was not presented at the board hearing and you must make your case on the record that was developed before the Board. If the Board had sufficient evidence that could support the decision it made the court is going to have to uphold it, even if the judge himself/herself would have made a different choice based on that record.

    What makes you think that the counsel for the Board cares whether you appeal?
     
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  16. army judge

    army judge Super Moderator

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    I moved it.

    If you continue your rants, I'll remove you and cancel your ability to post.

    This is the only warning I'll provide.
     
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