In court proceedings, parties must follow established court rules and procedures, including responding to discovery requests within specified timeframes; failure to comply with these rules can result in adverse consequences such as requests for admissions being deemed conclusively admitted, and judges have the authority to maintain courtroom order and enforce procedural requirements.
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‘This Is Not a Clown Show!’ Judge Mutes Sovereign Citizen on the Spot!Added:
I wasn't finished. I wasn't finished.
She cut me off. Mr. Hurst, I'm not going to have this. Your honor, she cut me off. She kept talking. This is not a clown show.
Oh my goodness.
Welcome to Legal Affairs Network.
We are on the record calling 21170598 Million Credit Management versus Kevin Hurst. Date and time for pre-trial appearances. Good morning, Your Honor.
May it please the court. Suzanne Strickharts P.O. Box 4418 on behalf of the plaintiff.
And your name, sir? Kevin Hurst. Okay, where are we on this file, people?
Uh Your Honor, we uh had a pre-trial.
You opened up uh written discovery. We did send discovery out.
Uh we did receive it back um apparently unopened indicating there was a written on the envelope itself it had written um I'm reading here, "I do not accept your offer to contract. All rights reserved.
UCC 1-308" signed um and then it was a return to sender, Judge. All right, Mr. Hurst.
We attempted to do discovery anyways.
Mr. Hurst, did you refuse to accept the mail? Did I refuse to accept the mail?
Yes. Sir, you can't do that. I can refuse to accept any mail that come to me. This is not what we're going to do.
One of the things she sent you were requests for admissions.
If you do not provide proper answers to those requests for admissions, they are deemed to be conclusively admitted. Do you understand that, sir? Jackson, Your Honor. Do you understand what I have said? No, I don't. All right, here it is.
You I opened written discovery in this matter. You have a right to whatever legal position you want, but you do not have your own set of court rules.
Among the things that the court rules provide, when written discovery is open, is that she can send you requests for admissions. Those requests for admissions are in writing and they must be answered under oath and in a certain time frame. If they are not answered and filed in the court with the court rules, then they are deemed to be conclusively admitted. You will not be able to contest those things.
And that was what was sent to you, sir.
And those that time to start running those started with the day they were mailed to you.
Your honor. You don't want to accept >> I'm not I'm not even sure I I do not have any understanding of this is my debt or not. They just coming with these allegations. I'm trying to see and verify if it is that they called me the first time, they should have sent out verified um um um documents stating that that the original creditor and who it was and that I truly owe this debt.
Well, your honor, this indicate that we did attach to those uh account >> They They >> Excuse me, Mr. Hurst.
>> Excuse me, I wasn't finished.
>> Excuse me. Excuse me. I wasn't I wasn't finished. I wasn't finished. She cut me off.
>> Mr. Hurst. I'm not going to have this.
Your honor, she cut me off while I was talking.
>> This is not a clown show. Oh my goodness.
>> I can finish my statement.
>> one Don't interrupt me again, Mr. Hurst.
Go ahead, sir.
Why, thank you.
You will speak one at a time. You will not interrupt each other. You will not interrupt me. Do you understand what I have said?
Mr. Hurst.
I don't understand anything. Okay, fine.
>> even understand why I'm here. I'm going to mute >> even understand what's going on. I'm muting Mr. Hurst and I will let Ms. Trickart say what it is she wishes to say. Then I will unmute Mr. Hurst and allow Mr. Hurst to speak. Ms. Trickart, you were responding Mr. Hurst.
Yes, sir. I was just indicating that we did attach the account statements, the full chain of title, and seller data sheet to the the packet. So, even though there was no requirement, we did we did want to provide that to the defendant.
Um and so, that was in all of those materials were in the packet that was rejected, Judge. Well, Mr. Mr. Hirsch, respond. Okay, so um the understanding that I have is that they should have contacted me 5 days be after they um gave They should have gave me documents 5 days after they contacted me about the alleged debt.
I told them I didn't have no I have no recollection of the debt. Yeah, I don't even know enough information to admit or deny the allegations to the debt.
So, if they're accusing me of this debt, I would like to ask them a few questions so that I can so they they can verify that this debt even belongs to me.
And that's why I refused the packet because I don't know if they're trying to contract with me or not. I didn't know what it was, so I sent it back.
All right. Let me explain it to you again.
Whatever political views you have, I had no understanding that they were sending me these things. They didn't even tell me that they was going to send me Did In the last court date that they say or did she say we're going to send you something?
Sir, I opened written discovery.
That allows you to serve written discovery. That allows her to serve written discovery, and she did so. If you elect not to receive it, then that's on you. That's the risk, and you bear the risk of that. But, I would urge you, and let me tell you, as I told you at the beginning, you have an absolute constitutional right to represent yourself, but what you do not have is a right to your own set of court rules.
You may not be frustrating the court rules, sir, by refusing to accept mail.
If that's the choice you make, then that's the choice you make, and you will have to live with the consequences of that. I would urge you, sir, perhaps you might want to get counsel, because I don't think you understand the process, and I'm not at all sure you understand the consequences of the choices that you are making. However, as I indicated, you have an absolute constitutional right to represent yourself.
I would urge you to get counsel.
So, I'm going to give you another date.
And sir, she is going to do what she does to represent her client, and you're going to do what you do.
And if the court rules cut against you, then so be it.
>> I got a uh question. Question.
They are claiming that uh this debt belongs to me. Would they have to produce all the proof and verify that this debt belongs to me? Plaintiff has the burden of proof, Mr. Hurst.
That's right. So, she have to produce the proof that this debt belongs to me, right?
She has the burden of proof. Okay.
Thank you.
I'm sorry.
I'm sorry. Ms. Richards?
Uh your honor, would it be possible for us to receive a motion date for, say, mid-July?
Let's give him one more opportunity.
Oh, you want me to resend the package, Judge?
I want you to resend the package.
And sir, let me urge you as strongly as I can to receive and open the package.
Because if you do not, requests for admissions will be deemed to be conclusively admitted.
The lawsuit, as a practical matter, will be over.
Do you understand what I have said to you?
Yeah, I understand. Do you uh I got a question. Do you Should they have received Should they have sent me something before they sent me this package since the last court date?
Sir, >> that? Sir, they're not required. If need some information, you have the right to seek discovery, too.
But you can't tell them how to litigate their case.
Okay, so she she wants to send me a packet and I'm going to send her back a packet as well, right? No, you're going to do what you choose to do. She's going to send you again those requests for admissions. Well, you said that the story We had this conversation before, didn't we?
Sorry. We had this conversation before.
Go ahead. As a courtesy to you, she's going to send you the request for admissions one more time.
You will either accept the package or you will not.
You will answer and serve the request for admissions in accord with the Michigan court rules or you will not.
And then, if you do not, then those things will be deemed to be conclusively admitted.
If you choose to send written request for discovery, you have a right to do that, too.
You can send written interrogatories, request for production of documents, and request for admissions, same as hers.
All right, we're on the record. This is 21-170-598, Midland Credit Management versus Kevin Hurst. Date and time for pre-trial your appearance.
Good morning, Your Honor. May it please the court, Suzanne Strickharts, P44018 on behalf of the plaintiff. And what is your name, sir?
Um Kevin Hurst. Okay.
All right. Um where are we at? I do hereby reserve all of my rights, waiving none, not to be compelled to perform under any contract or commercial agreement that I did not enter willingly, knowingly, voluntarily, or intentionally. I do not accept the liability of any compelled benefit or unrevealed contract or commercial agreement without prejudice. Is there anything else you want to say, Mr. Hurst?
That's it. All right.
All right, where are we on this file?
Judge, uh, discovery's been completed.
Uh, motion for summary's been filed. We are looking for the court to assign a date. Okay.
Let's get you guys a date, Mr. Hurst. Do you have the motion for summary disposition filed on behalf of the plaintiff?
It looks like this.
What's that?
It looks like this. Yeah, I'm asking if you have seen the motion for summary disposition filed by the plaintiff. Do I have it? Yes, sir. Yes. Okay. Then let's get you a date for hearing and we'll move on.
Does, uh, July 26th, July 26th at 10:00. Does that work for everybody?
Yep.
Yes, sir. Okay. July 26th at 10:00, we will hear the plaintiff's motion for summary disposition. Sir, if you wish to file and serve an answer uh, to that motion for summary disposition, you must do so within the terms provided in the Michigan Court Rules. We'll hear the motion July 26th, July 26th at 10:00.
Again, sir, if you want to file an answer, be sure to serve both the court and the uh, counsel for the other side. All right. Uh, the court has had an opportunity to review the pleadings here. I I was particularly, uh, interested in the request for admissions that was served by the defendant.
Request for admission number three.
Does the plaintiff admit and have proof that the allegations against the respondent are true and accurate with all documentation being verified, signature and seals?
These were admitted.
Does the number four. Does plaintiff admit and/or have proof that the statute of limitations has not expired to collect on this alleged debt?
Plaintiff admitted that.
Does the plaintiff admit in number six and have proof that the respondent had a meeting of the minds with Credit One Bank pursuant to the contract agreement in respect to full disclosure and that said contract contain or contains no elements of fraud by Credit One Bank.
Plaintiff did miss that. In number seven, does plaintiff admit and have proof that Midland Credit Management purchased this contract from the original creditor and is now the new owner of the alleged contract and of the said debt that is owed? Plaintiff admitted that. So, what we have is we have an admissions by our defendant of a validity of the contract. Admission by defendant that Midland creditor is a proper party plaintiff.
And then we have in our request for admission numbers eight, does plaintiff admit and have proof that Credit One Bank did loan their credit to respondent and that the respondent is only obligated to pay back in money to Midland Credit Management?
Plaintiff admitted that.
I uh also note for the record that having reviewed um the brief answer to plaintiff's motion for summary disposition, first of all, contrary to the court rule is not supported by an affidavit.
2.116 G4 says that when a motion for summary disposition by the C10 has been filed and served, the opposing party here would be the uh defendant, may not rely upon his pleadings but must by affidavit or as otherwise provided in this rule, demonstrate the existence genuine issue of material fact. Again, I note for the record no affidavit was submitted here.
I think it's fair to say that the pleading filed by the defendant is somewhat obtuse.
I quote, for example, from the third page the agreed-upon proof of claim does not serve in place of the original account for it is a conditional acceptance and not the foundation of an action and does not become an original demand and amount to an express promise to pay the actual sum stated.
In his first paragraph the plaintiff and I'm quoting again plaintiff claims that the living soul utilizes an address in his answer when in fact the address that is used there indicates that the living soul does not live at this address but is receiving mail there.
So defendant has failed to appear.
He has failed to support his brief answer to plaintiff's motion for summary disposition by affidavit as required by the court.
The court has had an opportunity to review the pleadings filed on behalf of the plaintiff in this matter and I'm satisfied there's no general issue of material fact in this matter. Summary disposition is granted in favor of the plaintiff. If you'd be kind enough to send me your judgment under the 7-day rule I'd appreciate it.
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