Q: Can judges create their own laws out of thin air?
What statute, precedent, or lawful means allows a judge in a Conversion of Property lawsuit to limit Plaintiff’s claim to only one day, with six additional restrictions?
The Judge has ordered that only the following items are allowed in the litigation:
(1) Items that were "specifically requested;"
(2) with Plaintiff’s “express authority;”
(3) by one of Plaintiff’s friends;
(4) on one specific day;
(5) and the specific friend, must have also been "ready" to take the items;
(6) and “willing” to take the items;
(7) and “able” to take the items, all on the one specific day.
The court has ordered that any property, even that which undisputedly belongs to Plaintiff, cannot be part of the conversion claim unless all above criteria is met. Pursuant to the order, all additional attempts Plaintiff made for her property are inadmissible.
What legal authority allows a court to make and enforce this order?
Is there any doubt this court is acting unlawfully?
A:
Typically, in a lawsuit, there is a process called discovery in which the parties are required to disclose information, answer written questions, produce documents, and give depositions concerning the facts and contentions in a case. A party who does not comply with her discovery obligations usually cannot introduce evidence or call witnesses that were not timely and properly disclosed in discovery.
This sounds to me very much like the court is limiting the evidence that can be used in this case to what was timely and properly disclosed in discovery and is prohibiting the Plaintiff from offering evidence of other attempts to obtain possession of her property because such evidence was not timely and properly disclosed in discovery.
But I could be wrong so you should take all of the court filings which led to this ruling to an attorney in or near the county where the suit is pending. A thorough review of those court filings might reveal other reasons why this ruling was made.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
