I read about it, and the Service Members Civil Relief Act can be applied either way. It's basically just a law that says a person in charge of you has to write to a judge in various situations, saying that you are unable to appear. So it applies to Plaintiffs too.Whoa, hey, easy Disco.
1. I have no opinion about what you claim to be your religion.
2. You seem more upset with me than with posters who have posted very vile stuff about you and your family. Look into that.
3. The Servicemembers Civil Relief Act provides many protections. For various things like evictions, judgments, etc. And in civil proceedings if you are a DEFENDANT. And even then it's up to the discretion of the Judge. You are the Plaintiff.
Read some of those links I posted.
You're welcome.
Christ, it's in black and white within the 4 corners of the document. Please quote the section that allows the relief you are contemplating as a Plaintiff.I read about it, and the Service Members Civil Relief Act can be applied either way. It's basically just a law that says a person in charge of you has to write to a judge in various situations, saying that you are unable to appear. So it applies to Plaintiffs too.
It's not 4 Corners of a Document. It's a few Sections in the Law.Christ, it's in black and white within the 4 corners of the document. Please quote the section that allows the relief you are contemplating as a Plaintiff.
I think you're right. It appears I was wrong. Have you started the discovery process in your case?It's not 4 Corners of a Document. It's a few Sections in the Law.
Here is the Original Act, from 1918
https://www.gpo.gov/fdsys/search/pagedetails.action?collectionCode=USCODE&browsePath=Title+50/Title+50/-1006&granuleId=USCODE-2011-title50-app-soldiersa&packageId=USCODE-2011-title50&collapse=true&fromBrowse=true
Here is the new Act. Specifically the parts about legal relief, not like cell phone contracts and leases and stuff.
https://www.law.cornell.edu/uscode/text/50/chapter-50/subchapter-I
https://www.law.cornell.edu/uscode/text/50/chapter-50/subchapter-II
https://www.law.cornell.edu/uscode/text/50/chapter-50/subchapter-VII
Here is the exact part you are saying doesn't exist
https://www.law.cornell.edu/uscode/text/50/3932
(a) Applicability of section
This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—
(1)
is in military service or is within 90 days after termination of or release from military service; and
(2)
has received notice of the action or proceeding.
No, the city asked that it be removed to Federal court, so it's taking forever. Hasn't even really started yet, we're still just in the filing stuff to the court phase. They could probably motion for discovery though. But I don't think they want to talk to me, I emailed their lawyer a bunch of stuff and she's like scared to reply. I basically laid out, in the words of the law, how she is going to lose.I think you're right. It appears I was wrong. Have you started the discovery process in your case?
It's a few emails, it would take a while. And I literally point by point explained how both the laws of Texas and the Federal Laws, and both Constitutions, say that their position is wrong. I'm.not saying she is sweating, she is probably just moving on to easier cases. But she is afraid to reply or she would reply. Usually the lawyer talks to the other side's lawyer.Lol...no offense dude, I seriously doubt she is sweating your lawsuit..I'd be interested in reading that email ya sent to her though..care to post it?
I'm no legal expert. But can you propound written discovery right now? That is statutory, not at the convenience/motion of the Defendant. Look at the Federal Rules of Civil Procedure. Wouldn't surprise me if you can start discovery against the Defendant.No, the city asked that it be removed to Federal court, so it's taking forever. Hasn't even really started yet, we're still just in the filing stuff to the court phase. They could probably motion for discovery though. But I don't think they want to talk to me, I emailed their lawyer a bunch of stuff and she's like scared to reply. I basically laid out, in the words of the law, how she is going to lose.
They don't have anything. And I already know the most extensive defense they could have. They could go to the Police Monitor, and for some reason the Police Monitors here say they only care about the Code of Conduct, no case law or Constitution or Legislated Law, only the Police Code of Conduct. And they have cameras, but they don't have to use them and they already told me he had no camera. So he could bring them on and have them say that he didn't do anything that wasn't by the book.I'm no legal expert. But can you propound written discovery right now? That is statutory, not at the convenience/motion of the Defendant. Look at the Federal Rules of Civil Procedure. Wouldn't surprise me if you can start discovery against the Defendant.
If so, make them spend some money. Propound a ton of written interrogatories, request they produce documents, request that they admit x, y and z. All under oath.
Prove your case if you're serious about it.