Is is a Rule 11 Violation for an atty...

Is is a Rule 11 Violation for an atty to file unsigned brief?

Posted in the Charleston Forum

cuttin cotton

Dunbar, WV

#1 Dec 2, 2013
I was told by the Kanawha Cty Circuit Clerks office that all motions/pleading/briefs had to be signed before the Clerks would file the document. Yet the Kanawha Cty Circuit Clerks accepts unsigned pleadings by attorneys. So what's up with that?
Scoopey Doo

Charleston, WV

#2 Dec 2, 2013
Saying something has to be signed to be filed (someone has to take authority for the authenticity of the info and PAY THE FILING FEE for filing ANYTHING with the Court) and saying they have to be signed by someone of a particular role or position is another.
somethings wrong

Dunbar, WV

#3 Dec 2, 2013
it is my understanding of Civil Procedures that all motions/pleadings presented to the Kanawha Cty Circuit Clerks had to be signed by either the parties involved or their legal representative OR the Court could not hear the document. I think the rule reads "shall' be stricken by the Court. As well, all documents are signed under Rule 11 attesting to veracity of the document.--Appears 'whichever' attorney filed the unsigned document wasn't going to attest to its veracity AND apparently the parties involved wouldn't sign it --Sounds like a Fraud on the Court to me AND if the attorney doesn't 'fix' it -- I would send it over to the office disciplinary counsel and have them take a look at what's going on.
MsKamish

Charleston, WV

#4 Dec 2, 2013
somethings wrong wrote:
it is my understanding of Civil Procedures that all motions/pleadings presented to the Kanawha Cty Circuit Clerks had to be signed by either the parties involved or their legal representative OR the Court could not hear the document. I think the rule reads "shall' be stricken by the Court. As well, all documents are signed under Rule 11 attesting to veracity of the document.--Appears 'whichever' attorney filed the unsigned document wasn't going to attest to its veracity AND apparently the parties involved wouldn't sign it --Sounds like a Fraud on the Court to me AND if the attorney doesn't 'fix' it -- I would send it over to the office disciplinary counsel and have them take a look at what's going on.
You DON"T have to be an Attorney. People can and do represent themselves, in Civial and Crimanl matters. That mean you have to ALSO be permitted to FILE DOCUMENTS, and Motions on your OWN behalf. i am just kind of thinking out loud....
knockin down rocks

Dunbar, WV

#5 Dec 2, 2013
According to Fed.Rules of Civ. Proc. when an attorney is involved, providing legal representation, submits documents to the clerk, the documents, i.e., motions/pleading or whatever the atty is filing shall be signed under Rule 11.-- look it up --the Ct. has no choice but to 'strike' the document if it remains unsigned. the rules read 'shall be stricken' from the record.-- so what's the point of an attorney filing an unsigned document with the court knowing that's its going to be 'stricken' from the record.(well, let me see could it be to charge more money and further litigation?)-- so it would appear that the attorney needs to be noticed document wasn't signed ---so---guess what --attorney must generate and file a 'renewed signed motion/pleading.-- that's how it works.-- if after bringing the matter to the attention of the attorney AND he/she won't go 'fix it' by filing a renewed 'motion' etc.-- then notify the Judge, and without a doubt send a complaint over to Disciplinary Counsel. See if that catches the attention of the attorney. whether you are an attorney or not - a person still has to sign their motions/pleadings or whatever is filed with the court.-- the Clerks at the Kanawha Cty Circuit Court SHOULD know that 'small' bit of information -- Rules of Civil Procedure --- the basis for the Circuit Court clerks to existence/functions and their duties are predicated on that fact.
charlie chaplin

Dunbar, WV

#6 Dec 3, 2013
clerks at the court aren't supposed to give 'legal advice' or that what the sign says that's posted on the wall BUT listen what happened to my friend. Friend goes over to file this 'motion' or whatever it was, paperwork all typed, signed and written just like the rules state. well, this one clerk takes the 'motion' over to this older woman sitting behind the counter and they start to read the 'motion'. then the older woman takes the document somewhere behind the wall and apparently discusses the 'motion' with somebody else. NOW THINK ABOUT THIS then the older woman comes back into sight and comes up to the counter and says, well, I don't think the judge can read this 'motion'. My friend says, "well, who are you to tell me 'what' the judge can read and 'what' the judge can't read? this is my case, this is a response 'motion', your not an attorney, you can't decide what I should put in my documents and don't have a clue about my case. your job is to process the paperwork." The older clerk woman said, well i'm not filing this cause i don't think the judge needs to read it." ---- the exchange of words lasted for a few more minutes and then the older clerk woman finally agreed to file the documents.
---looks like Gadsen is training her crew how to control the motions/documents that citizens file to be heard by the court --pretty bad when a group of clerks with high school diplomas try to make legal decisions about response motions that the Judge ordered the person to file.
Mskamish

Charleston, WV

#7 Dec 4, 2013
So you have brought this to the ATTENTION of KATHY Gatson? She would have much more authority that the typical Topix troller.....
thinkin rain

Dunbar, WV

#8 Dec 4, 2013
is the head of the clerks,Kathy Gatson or Kathy Gadsen? is she an attorney?
MsKamish

Charleston, WV

#9 Dec 5, 2013
Kathy is THE Kanawha County Circuit Clerk...All underlings are Clerk Deputies for the most part. She is NOT one to let things that you feel are incorrect to go uncorrected, she has been there quite some time.
Her Mother was Phyllis Gatson, former Assessor.
Both are elected positions.
MsKamish

Charleston, WV

#10 Dec 5, 2013

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