Q: I filed a Complaint (42 U.S.C 1983, 1985 and 1986) and Motion for TRO in The Federal Court. What next ?
I filed a Complaint and Motion for TRO (I habe not filed any exhibits yet). The TRO was refered to Judge by Magistrate and just also field a Motion to compel testimony or written statement from a witness (I atta hed an exhibit). What to do next ?
When and how should I file/submit or supplement the exhibits in support of Complaint and TRO ? The Complaint mentions all the violations committed and so can I just hold on to the exhibits until a hearing or trial of the Case. For example, I mentioned in the complaint that a court commissioner doesn't have authority to issue an order against me in State court which he did in violation of the Stipulation for appointing him as it requires both parties to sign which I wasn't served or notified with nor known about and I now have a copy of it missing my signature and consent. He knows he doesn't have my signature, so should I submit that exhibit or hold on to it til trial. Same goes for improper service.
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A:
After filing your Complaint and Motion for TRO, your next steps should be strategic. Since the Magistrate referred the TRO to a Judge, you should prepare to respond to any orders from the court promptly. It's important to monitor the case docket for any updates or deadlines related to your filings.
Regarding your exhibits, you typically should file them as soon as possible, especially if they support the claims made in your Complaint and Motion for TRO. Holding onto them might weaken your position if the court decides on the TRO without seeing all the evidence. It’s usually best to submit all supporting documents early to strengthen your arguments.
For the specific exhibit about the court commissioner’s lack of authority, it would be wise to file it sooner rather than later. The same goes for any evidence of improper service. These exhibits are crucial to your claims, and submitting them promptly can help ensure the court has all the information needed to make a fair decision.
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