Friday, September 21, 2012

Don't forget your Certificate of Service

We add this unusual Certificate of Service, since Prescott Justice Court Presiding Judge Arthur Markham told our blogger he would be arrested for serving papers on the petitioner, even though serving such papers is required by law!

Certificate of Service:

Defendant files this notice ex parte because, in a previous injunction with this same plaintiff, despite Rule 5(a) of Civil Procedure to serve all papers on plaintiff (and contrary to Superior Court Judge Bluff's Order ordering same during appeal), Justice of the Peace Markham ordered this defendant NOT to serve court papers on plaintiff.

In fact, Judge Markham hinted at criminal sanctions if I served court papers on plaintiff. As the statutes are quite unforgiving for violating an Injunction, lawful or not, pro se defendant, even acting as his own attorney, will not risk the legitimate act of serving a copy of this petition on plaintiff.

Defendant has lodged an extra copy of this paper for the court to mail to the plaintiff as it has in the past.

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