Chronicles of Twatrick: Still waiting for that Response Affidavit.

Since undischarged bankrupt and self-described boy lawyer Patrick Ross seems determined to go through with the upcoming August 20 hearing regarding my Rule 4.33 Application to kick his sorry-ass (and long dormant) lawsuit to the curb, I will once again point out that he is fast running out of time to file and serve the mandatory Response Affidavit (RA), in which he details the defenses he plans on presenting that day:

 

And since I know that Patrick reads this blog, I will graciously assist him in reminding him of what must be in his RA, and what should not be.

Note how the list above dictates what to include, and it's all precisely and specifically related to the purpose of Rule 4.33 and consists of two (and only two) categories of evidence:

1. If Patrick wants to claim that he significantly advanced his action in the last three years, he must provide a clear and detailed timeline of those actions.
2. If Patrick wants to claim that there was some sort of agreement to suspend the litigation, he needs to produce those agreements.

In addition, any such documentation cannot simply be claimed at the hearing; rather, it must be sworn into the record ahead of time.

And that's it -- the RA should not contain anything other than the above. Specifically, it cannot be a receptacle for Patrick's perpetual, relentless whiny grievance fests going back to 2008 -- the Court will have little patience with Patrick complaining about what I might have blogged in 2014.

So if I were Patrick, I'd get to work on collecting that evidence, getting it sworn in and writing and filing that Response Affidavit. Time's getting short, and the Court will not look kindly on Patrick submitting an illiterate, steaming hot mess of irrelevant grievances the day before the hearing.

P.S. I am going to check on whether I have the right to post Patrick's upcoming Response Affidavit on this blog. It seems that since it would be a properly filed and served document related to an ongoing action, it would be considered publicly accessible. I will, however, make sure before I do that. 

P.P.S. As I have promised before, I will be publishing the Webex info so interested voyeurs can spectate the hearing. 

BONUS TRACK: Since I know Patrick reads this blog. I will give him some free advice on the most common mistakes people make when crafting an Affidavit:

  

 

To be perfectly honest, I'm not trying to be helpful to Patrick here. Rather, I'm laying a trap of describing what he needs to avoid, so that when his RA shows up loaded with all of the above, I can say, "Hey, I tried to warn him, but he didn't listen."