If representing myself and my mom in a civil case where we know that Mom-being blind, was taken advantage of by my brother with a deed, can I mention the penal codes?
Can I mention the penal codes in my testimony that I believe have something to do with the case. Penal code 31.3 or 30 in the Texas department of the elderly and disabled. Even though he is deceased after the manipulation and lies?
Lisa, I've just read your profile and more about the suit. This is a VERY complicated situation, even for someone with legal background.
If you can't get a court appointed attorney, contact the local law schools and ask if there are any pro bono attorneys who could help you, for free. Or contact senior centers, find out when attorneys offer free legal advice, and meet with one of them, preferably in the area in which your mother lives.
They might have some suggestions on moving forward with the suit.
Lisa, who's the plaintiff and who's the defendant? Are you suing someone or being sued? It would make a difference in what you cite. However, I assume this is a civil suit for some type of elder abuse because of alleged fraud?
What issues and statutes or penal code you might consider raising turns on the nature of the suit, and how the codes relate to the allegations.
What are the basic charges (allegations), what are you asking for (i.e., money, reimbursement, etc.), and more and very specifically, what are you using the penal code references for? A pleading, responsive pleading, interrogatories? I get the impression you're answering something prepared by the opposing counsel?
I have to agree with the others; representing oneself in a civil suit is a big gamble; even if you read the statutes and court rules, you're probably "outgunned" by people who do that for a living.
I would agree that you should try to get a court appointed attorney, if you and your mother are the defendant(s).
However, if you want an "extension", depending on the level of the court, you might have to file a motion to adjourn unless the attorney for the opposite party agrees to an adjournment. Attorneys make these agreements all the time, but when a non attorney is involved, they can easily "stick it to you" just to be mean.
Please it's all good. I appreciate all the advice and I wouldn't want to be miss led ..I am going to ask for extension and try to get ahold of an attorney.But it seems like it's a loosing battle , so just 🐻 with me until that day comes..☺️
I do understand she doesn’t have an attorney, Barb. Just trying to reinforce with her that she needs to get one. We said before that she needs to postpone all this until she has some sort of legal representation.
Lisa, please don’t be insulted if we direct you to an attorney. We don’t want to give you the wrong answer. We could hand out free legal advice and make guesses on what’s what until half past midnight, but unless your answers come from an attorney familiar with your case, those answers are pretty much worthless. No 2 cases are the same.
We are here to support you, for you to vent and to give out cyber hugs and keep you in our thoughts. But we just can’t give you legal direction. Only your attorney or paralegal can do that. Good luck tomorrow and keep us posted.
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If you can't get a court appointed attorney, contact the local law schools and ask if there are any pro bono attorneys who could help you, for free. Or contact senior centers, find out when attorneys offer free legal advice, and meet with one of them, preferably in the area in which your mother lives.
They might have some suggestions on moving forward with the suit.
Good luck!
What issues and statutes or penal code you might consider raising turns on the nature of the suit, and how the codes relate to the allegations.
What are the basic charges (allegations), what are you asking for (i.e., money, reimbursement, etc.), and more and very specifically, what are you using the penal code references for? A pleading, responsive pleading, interrogatories? I get the impression you're answering something prepared by the opposing counsel?
I have to agree with the others; representing oneself in a civil suit is a big gamble; even if you read the statutes and court rules, you're probably "outgunned" by people who do that for a living.
I would agree that you should try to get a court appointed attorney, if you and your mother are the defendant(s).
However, if you want an "extension", depending on the level of the court, you might have to file a motion to adjourn unless the attorney for the opposite party agrees to an adjournment. Attorneys make these agreements all the time, but when a non attorney is involved, they can easily "stick it to you" just to be mean.
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Lisa; Ask for an adjournment until you can get Legal Aid involved.
We are here to support you, for you to vent and to give out cyber hugs and keep you in our thoughts. But we just can’t give you legal direction. Only your attorney or paralegal can do that. Good luck tomorrow and keep us posted.