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Letter here - mainly a draft due to time constraints; content subject to correction - and here follow some online resources:
1- http://www.courtinfo.ca.gov/programs/access/documents/q&a1.pdf access and fairness - California Judicial Council\
2 - http://www.pai-ca.org/pubs/502601.pdf has Form
excerpt from 1:
How do I get an accommodation? What is Form MC-410? Can I get
help filling out Form MC-410?
What if I can’t read the form?
You can request an accommodation by filling
out Form MC-410, available from the clerk’s
office or from the courtrooms. The form and
instructions should be available in alternative
formats, like braille and large print, upon
request. If the form is unavailable, you can
make a request for an accommodation in writing
or orally to the court or other designated
personnel.
You can make a request at any time,
although you should give the
court at least 5 court days’ notice
whenever possible. If you are
unable
your disability in order to make a decision or
provide you with an accommodation will
learn the details of your request and the personal
information that you give.
Do I have a responsibility to
inform the court that I need an
accommodation?
Yes. It is your responsibility to contact the
courts to request accommodations that would
best suit your situation. The
courts have an obligation to
inform the public of the availability
of accommodations.
However, if no accommodation is requested,
the courts are not required to provide one.
Dear Susan and Larry:
I am afraid I have to answer this post swiftly and without time to edit so your indulgence is appreciated. Thank you for filling us in. I am very sorry for the pain and the stress. And the merits are interesting and sound very imposing but right now we are talking about timing, and your getting your day in court. Your court date is imminent; I trust you can go straight to the court by affidavit or perhaps the above referenced type ADA application to have for a continuance (IF NO CONTINUANCE THEN BE SURE TO GO and exp[ress your position on the Date Set). Most courts do require or expect the other side will be asked about time accomodations. But if you ask and are denied the door is still supposed to be open, and I trust you have done an affidavit/or/declaration of need already or filled out forms. Had it been me, however, a few years back I would not have known these steps so forgive e if redundant. And if you do find helpful agencies or offices please let us know as it will help everyone.
I am afraid I have to answer this post swiftly and without time to edit so your indulgence is appreciated. Thank you for filling us in. I am very sorry for the pain and the stress. And the merits are interesting and sound very imposing but right now we are talking about timing, and your getting your day in court. Your court date is imminent; I trust you can go straight to the court by affidavit or perhaps the above referenced type ADA application to have for a continuance (IF NO CONTINUANCE THEN BE SURE TO GO and exp[ress your position on the Date Set). Most courts do require or expect the other side will be asked about time accomodations. But if you ask and are denied the door is still supposed to be open, and I trust you have done an affidavit/or/declaration of need already or filled out forms. Had it been me, however, a few years back I would not have known these steps so forgive e if redundant. And if you do find helpful agencies or offices please let us know as it will help everyone.
From here, I personally would write you a supporting one (Affidavit/Declaration) because I have had to address the courts on this. It would have to be notarized; I am on the East Coast, so it would have to be soon; write privately if one more supporting Affidavit (Calif: Declaration) might help. Is it California Superior Court? And per the above, have you contacted a California Compliance Officer for the Americans with Disabilities Act?
We might speak 1:1 if this interests you and you think it might help. As a very longtime sufferer of episodic migraines, trigeminal neuralgia, (Bells palsy), facial shinges, glosso and pharyngeal neuralgias (what a list!) and a persons who has been pro se in court and is currently before the federal bench en banc and the state court, I want to say that this is an absolutely exhausting situation. I am interested in what the attorneys are doing (I moderate also, btw, http://www.litigation-stress-central@yahoogroups.com).
Without disloyalty to my legal colleagues (I have a law degree but am not Esq. and nothing here is legal advice ass such, just shared experiende) I would say that unfortunately people even without such health needs as you record and I have myself recorded get the same cold shoulder all too often, and it can be brutal. If it will help you at all, I would be open to reading any papers and offering any assistance. Again emphasizing - this is not legal advice, but discussion, and I have done this often. I hope that your situation changes respective to attorneys, none of us wants to be pro se. I have been pro se and then with attorney and then pro se again. People with pain have a rough time in many circumstances.
Perhaps you will be interested in both human rights aspects of this and also court-access provisions in several states where one can record handicapping situations in advance and get some relief from the court when the other side holds back.
In fact, I am also behind preparing court-access.org because of overload. However, the activities at the United Nations proposing and planning and participating towards A Disability Convention (Treaty) for the protection of rights and dignity of persons with disabilities (no firm definition of this between impairment and social modesl) is quite promising. All we can do now is offer our individual and herein group services, which is not of course warranteed.
However, I invite the interest of all here to two new endeavors each with a human rights basis: C.O.P.I.N.G. (Communities of Pain Interest Networking Groups (providers, "consumers); Invisible-No-More (sufferers of pain).
Hope to hear from you more, it is helpful to all here and I hope of some assistance to you also.
for reference only: [L. D. Misek-Falkoff, Ph.D., J.D., U.N. Disability Convention Rep. of Communication and Coordination Committee for the U.N. (CCC/U.N.) NGO , and U.N. Rep - Information Habitat NGO. Speaker of the National Disability Party and Chronic Pain Caucus Chair, Staff, the Disability Grapevine Online Daily Newspaper. Moderator Internet disability/law discussion groups. Member - AARP AAUW ACLU American Pain Society, Trigeminal Neuralgia Association, UN. NGO Committees on the Status of Women, NGO Committee on Mental Health, other Human Rights Working Groups; currently joining Committee on Aging, Also forming: a-world.info: affiliates - womens online rights legal doorway.
----- Original Message -----
From: "sheenahs" <susanvw@...>
Sent: Saturday, July 05, 2003 11:34 AM
Subject: [pain-in-the-law] Re: Motion seeking continuance
relief and to quiet title - plaintiffs are seeking $125,000.00 in
damages. We scraped together the necessary funds to retain an
attorney, and he filed our answer and cross-complaint. Our retainer
had been depleted in less than 30 days and he needed more ($5,000 -
and possibly more) money - there was no way for us to come up with
that kind of money.
As pro se litigants we've muddled through thus far. Trial date of
July 15th is fast approaching. My fiancée and co-defendant suffers
from debilitating migraine headaches as the result of a severe
electrocution. He may go months before something "triggers" their
onset. He became overheated three weeks ago while mowing the lawn ...
and that was all it took. After two trips to the emergency room and
two visits to his doctor's office the headaches are becoming less
severe and less frequent. He's not out of the woods yet and the
stress and anxiety of our trial may well cause his migraines to
return with a vengeance. We lost valuable time (litigation wise)
while we tended to Larry's terrible headaches.
From what we understand California courts frown on continuances
except under certain circumstances one of which is illness of a party
to the litigation. Attorney for opposing party abruptly said, "The
answer is NO" when Larry called to see if he would agree to stipulate
to a continuance.
We have called, emailed and otherwise attempted to contact any and
all agencies and organizations hoping to find some type of legal
assistance. We do not wish to represent ourselves.... we have no
other choice in the matter.
We are both legally and permanently disabled and receive monthly
disability benefits. We've been in our home about a year. Our home is
a singlewide mobile home, which we placed on land we own. Plaintiff's
attorney informed us that at trial he would seek an order from the
court that we move our mobile and our septic system and leach field.
If that happens we will be without a home. Due to the size and shape
of our property and county building codes we will be precluded from
placing our mobile and septic in any other location on our land.
Thence, our land will be rendered relatively worthless.
Susan and Larry
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