Articles Posted in November, 2006

What’s in a Name?: Pro per, pro se, self-represented litigant? Read Shlep , the Pro Se Nomenclature Problem, and weigh in. What would you want to be called if you represented yourself in court? (Oh, and then there is Winkelman v Parma City School District, U.S. Supreme Court, 05-983. Stories here and here, too.)

Watch Those Timelines – and Those Court Rules:

From the Nov 1st OJD Media Release (full case here):

Mary Lee Husted, Respondent, v. SCI Oregon Funeral Services, Inc., Appellant. Landau, P. J.Plaintiff prevailed on a claim against defendant, and a general judgment was entered on May 18, 2005. On May 23, 2005, the trial court signed an amended general judgment, but that amended general judgment was never entered. On June 7, 2005, plaintiff submitted a statement of costs, disbursements, and attorney fees. Defendant objected on the ground that the statement had not been filed within 14 days, as required by ORCP 68 C(4)(a). The court concluded that the amended judgment had been entered on May 24, 2005, and, as a result, plaintiff’s statement was timely filed. The court entered a supplemental judgment awarding the attorney fees requested. Defendant appeals, arguing that the trial court erred in concluding that plaintiff’s statement of costs, disbursements, and attorney fees had been timely filed. Held: Under ORCP 68 C(4)(a), plaintiff had 14 days from entry of judgment to file the statement of costs, disbursements, and attorney fees. The record shows that a general judgment was entered on May 18, 2005. It shows that no other general judgment has been entered. Plaintiff therefore had 14 days from that date to file her statement. She filed well beyond that deadline. Her filing therefore was untimely. Reversed.

Fresh Bedsworth: A new Bedsworth is always worth the wait. The current one is here. A selection of previous ones are here. (And if you are so moved and can bear it, the Creighton case is reported on here and here and, oh heck, just go to your favorite search engine and type, “creighton pennsylvania mckeesport microwave.”)

Book Thieves: Among other books in my law library, our latest Foonberg has been stolen (and people wonder why library staff keep (or itch to keep) books “behind the desk”). I’ve heard that Foonberg’s, “How to Start and Build a Law Practice,” is among the most commonly stolen books in law libraries. What does this say about certain lawyers? One thing it says is, look out for this person when s/he appears on the other side of the table in a lawsuit, and check out his/her claims, sources, information, etc. They may be about as “clean” as this book-thief’s hands are.