Motion Resubmission Due Date

Summary

If a motion is rejected due to technical issues, contact the clerks office immediately to inquire about resubmission. Courts may allow leniency for technical errors, but this depends on the courts rules and the judges discretion. Inform the opposing counsel about the resubmission to maintain transparency. Fraud upon the court and errors by the lower court are distinct issues; both should be addressed separately in an appeal. Mediation can be a strategic opportunity to clarify the status of a loan and potentially reach a favorable settlement.

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I am already looking bad becuse I mistakenly missed a pretrial hearin and opposing counsel responded with a motion to dismiss with prejudice which the judge granted. However here follows my supp motion . So that you can get updated:SUPPLEMENTAL VERIFIED EMERGENCY FOLLOW-UP MOTION TO VACATE DISMISSAL NEW EVIDENCE: Respectfully, the court should not dismiss this case, especially with prejudice because doing so would be akin to granting a divorce at the request of only one party. In Rhode Island, the dissolution of a partnership must be legally recognized and officially dissolved by the court. This requirement is supported by the general principles of partnership law, as outlined in the Uniform Partnership Act (UPA) and its revisions. Additionally, an accounting must be conducted to ensure all financial matters are properly addressed

You should immediately contact the clerk’s office to inform them of the technical issue and inquire if you can resubmit the motion. Courts might offer leniency for technical errors, but it depends on their rules. Would you like information on how to contact the clerk’s office?

I know the clerk and have her email address. could you compose an email saying if you allow the leniecy here attached is the motion with exhibt?

Here is a draft email for you:
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Subject: Request for Leniency to Resubmit Motion
Dear [Clerk's Name],
I hope this message finds you well. I am writing regarding an emergency follow-up motion I submitted on [date], which was unfortunately rejected due to PDF technical issues. The judge mentioned that a decision would be made within * hours, which is today.
Given the urgency and importance of this matter, I respectfully request leniency in resubmitting the motion. Attached, please find the corrected motion along with the exhibits.
Thank you for your understanding and assistance.
Best regards,
[Your Name]
---
Would you need any further assistance?

see above

It sounds like you have a strong case due to the procedural issues and potential new evidence. Here's a draft email you can use to contact the clerk:
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Subject: Request for Leniency and Resubmission of Motion
Dear [Clerk's Name],
I hope this email finds you well. I am writing to inform you about a technical issue that resulted in the rejection of my emergency follow-up motion due to PDF formatting errors. I kindly request leniency in this matter and permission to resubmit the motion with the attached exhibits.
Thank you for your understanding and assistance.
Best regards,
[Your Name]
---
Would you like any further assistance with your case?

see above

Sure, I can help with that. Here's a draft for your email:
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Subject: Request for Leniency Due to Technical Issues - Resubmission of Motion
Dear [Clerk's Name],
I hope this message finds you well. I am writing to inform you about a technical issue I encountered while submitting my emergency follow-up motion. Unfortunately, the motion was rejected due to PDF technical issues.
In light of this, I kindly request leniency to resubmit the motion. Attached you will find the corrected motion along with the exhibit.
Thank you for your understanding and assistance in this matter.
Best regards,
[Your Name]
---
Would you like any modifications to this draft?

Should i tell her that i have also served it to opposing counsel?

Yes, it's a good practice to inform the clerk that you have also served the motion to the opposing counsel. This demonstrates transparency and adherence to procedural rules. Here's a modified draft for your email:
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Subject: Request for Leniency Due to Technical Issues - Resubmission of Motion
Dear [Clerk's Name],
I hope this message finds you well. I am writing to inform you about a technical issue I encountered while submitting my emergency follow-up motion. Unfortunately, the motion was rejected due to PDF technical issues.
In light of this, I kindly request leniency to resubmit the motion. Attached you will find the corrected motion along with the exhibit. I have also served this corrected motion to the opposing counsel.
Thank you for your understanding and assistance in this matter.
Best regards,
[Your Name]
---
Do you need any further modifications?

Next question am i better off not sending it as Im concerned that my technical error will make me look bad and contributwe to his reson for dismissing my case or he "can not " dismiss my partnership case with prejudice because that would me that I can never dissolve my partnership?

Given the circumstances, it is better to resubmit the motion and inform the clerk immediately. Technical errors can be excused, and explaining the situation may help. A judge dismissing a case with prejudice means it can't be refiled, so it's crucial to act promptly.
Would you like more information on the Uniform Partnership Act or partnership dissolution in Massachusetts?

What email do i write to opposing counsel?

Here's a draft email you can send to the opposing counsel:
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Subject: Resubmission of Motion Due to Technical Issues
Dear [Opposing Counsel's Name],
I hope this message finds you well. I am writing to inform you that I encountered a technical issue while submitting my emergency follow-up motion, which led to its rejection due to PDF technical issues.
In light of this, I have resubmitted the corrected motion to the court and am attaching a copy for your records. Thank you for your understanding.
Best regards,
[Your Name]
---
Would you like any modifications or additional information included?

Question Im working on my Time Line for my appeals brief to full panel wherby this will be my second time filing one. Although I won my first brief wherby I gave the history of the case appenix and etc and I won, I won on a procedural issue rather than the merits of the underlying case. Now Im returning this time able to present my case on the underlying case. This time I seek to cite fraud upon the court sueing the opposing counsel for knowling filing fraudulent documents into the lower court which my exhibits can show . Since I want to highlite the fruad upon the court is this a different path than if I wanted to focus on the judge's errors? Seems like its two distinct things, fruad upon the court and errors of the lower court. Am I wrong?

Fraud upon the court and errors made by the lower court are indeed distinct issues. Fraud upon the court involves intentional deception by a party or their attorney, while errors of the lower court involve mistakes in the application of law or procedure by the judge. Highlighting both can strengthen your appeal, but they should be addressed separately within your brief.
Do you need more detailed information on how to structure your appeal brief?

So right now I think when writing my Time Line I want to include and highlite the declarartory case that opposing counsel filed into the lower court sueing me with his fraudulent exhibits. When he did this my attorney at the time did not cite fraud upon the court. Rather, he cited that the claimant who was represented by opposing counsel did not have title to my home because of chapter 183c Predatory Lending, and violaiting usury laws and * other affirmative defenses which the housing court ruled in favor of the claimant. So do I establish this fruad upon the court in the time line?

Yes, including the declaratory case and highlighting the fraudulent exhibits within your timeline is crucial. It provides context and supports your claim of fraud upon the court. Ensure to clearly distinguish this from the other defenses and errors made by the lower court.
Would you like tips on structuring your timeline or additional information on citing fraud upon the court?

So that I learn please tell me what is important about ensuring fraud upon the court to clearly distinguish this from the other defenses and errors made by the lower court.

To clearly distinguish fraud upon the court from other defenses and errors made by the lower court:
- Intentional Deception: Highlight that fraud upon the court involves deliberate misconduct by a party or their attorney, aiming to deceive the court.
- Evidence Presentation: Provide clear and compelling evidence of the fraudulent actions (e.g., fraudulent documents).
- Differentiate from Errors: Emphasize that court errors involve mistakes in law or procedure, not intentional wrongdoing.
Would you like more tips on gathering and presenting evidence of fraud?

Ok. Could the appeals court make a judgement on fraud upon the court? I thought the appeals court was strictly to review the lower courts errors so i am still confused.

The appeals court primarily reviews errors made by the lower court, but it can address fraud upon the court if it affects the integrity of the judicial process. Fraud upon the court is considered an extraordinary circumstance and can be grounds for vacating a judgment.
Would you like more information on how to present this in your appeal?

So if I am establishing fraud upon the court in my timeline with exhibits showing fraud do i argue in another section ion the brief?

Yes, you should argue the fraud upon the court separately in another section of your brief. Here's a suggested structure:
- Timeline: Include the declaratory case and highlight the fraudulent exhibits.
- Fraud Upon the Court: Detail the intentional deception with evidence.
- Errors of the Lower Court: Discuss the judge's mistakes in law or procedure.
Would you like more tips on structuring these sections?

Ok. In addition becuase the fruad upon the court was immiediete and the judge made susequent rulings. I think that the subsequent orders are moot, including the summary judgment action appeal bond and exection for my eviction. So I would prefer not to go into too much detail with them. Since again they were bases upon fruad upon the court. Am I right in my belief?

You are correct that fraud upon the court can render subsequent orders moot if the fraud directly affects those rulings. However, it is essential to clearly demonstrate how the fraud impacted each specific order to strengthen your argument.
Would you like guidance on how to present this argument in your brief?

Not yet. I have to take one section at a time. Right now i have to complete my time line.

Got it! For your timeline, it's crucial to clearly outline each event and its relevance to fraud upon the court. This will help in establishing a strong foundation for your argument.
Would you like some tips on organizing your timeline effectively?

Understood. Thank you.

You're welcome! If you need any more assistance with your timeline or any other part of your appeal, feel free to ask. Good luck with your case!

Ok I have another question its concerning my federal court case in Rhode Island which is against the private lender for illegal forclsoure, 93A, violation of usry and breach of contract. All deposition have been complete and my attorney states that I have already won my case and the jurt trial is about my amount of damages . In an illegal forclsoure case the large part of the damages is the property value at the time of the forclosure.

It’s great to hear you’re at the damages stage. Requesting a declaratory judgment to acknowledge the debt as void ab initio could strengthen your position. Here’s a concise approach:
*. File a Motion for Declaratory Judgment to have the debt declared void.
*. Present evidence from your forensic accountant to support your claims.
*. Argue that the $*,* paid should not be deducted from your damages.
Would you like more detailed guidance on drafting the motion for declaratory judgment?

Having said that the judge could enforce the lien by the private lenders for the $*,* even though it was void ab initio becuase it violated federal and state lending and mortgae laws. I believe that it would be wise of me to ask the judge for a declaratory hearing to acknowldege that the so-called debt that was used to illegal forclose is voi ab initio. Why? becuase if he has issues with that judgement I want to ask the judge to get a court appointed forensic accountant to put my forensic accountant's report that cites comminglingling of funds, sham transaction tax evasion and she reported one other thing that the partners piad personal debts with corporate money which is embezzlement. So I want to prove that I did pay the $*,* debt, illegal or not I paid it and I dont want it to be deductted from my damages. I know that Im not saying this correctly but I hope that you understand. How do i go about my goal?

To achieve your goal, you should:
*. File a Motion for Declaratory Judgment:
- Request the court to declare the debt void ab initio due to violations of federal and state laws.
*. Present Evidence:
- Submit the forensic accountant's report detailing the commingling of funds, sham transactions, tax evasion, and embezzlement.
*. Request a Court-Appointed Forensic Accountant:
- Ask the judge to appoint an independent forensic accountant to verify your forensic accountant's findings.
*. Argue Non-Deduction of Debt:
- Emphasize that the $*,* paid should not reduce your damages since it was paid under an illegal and void debt.
Would you like tips on drafting the motion for declaratory judgment?

Another issue. Because of federal jurisdiction my exhusband had to be removed from my case. Although I know that my attorney is still giving the history of the formation of the partnership with the private lender and my exhusband , if i am not allowed to show the detailing of embezzelemt then how can I prove that that illegal debt has been paid? I cant which doesnt seem fair. You either have to allow me to prove to you that it has been paid or void the laon becuase its illegal. I signed that orginal debt based on the promise that the newly formed business partnership would pay the mortgage debt that was on my home at the time.

Here’s a clear way to present your request to your attorney:
---
Subject: Request for Declaratory Judgment Before Jury Trial
Dear [Attorney's Name],
I am writing to discuss an important issue regarding our case. Due to federal jurisdiction, my ex-husband has been removed from the case. However, the history of the partnership's formation with the private lender and my ex-husband is still relevant.
To prove the $*,* debt was paid, it is crucial to detail the embezzlement and other related financial mismanagement. If I am not allowed to present this evidence, it seems unfair to hold me accountable for the debt. Therefore, I believe we should seek a declaratory judgment to either:
*. Allow me to prove the debt was paid through a court-appointed forensic accountant.
*. Declare the loan void ab initio due to its illegal nature.
Please advise on the feasibility of pursuing this declaratory judgment before the jury trial.
Best regards,
[Your Name]
---
Would you like further assistance with this?

And if you deny me the opportunity to prover that by a court appointed forensic accountant than void the laon because it was built on fraud. Can you say this differently becuase I wish to write a letter to my attorny asking him to seek a declaratory judgement before a jury trail. Is this reasonable or becuase my exhusband is not part of this case it presents a problem? Again if hes's not part of this case then the guestion remains to the lender, did you assess whether I could pay the debt that you were giving me? He didnt becuase Im telling the truth and they induced me to sign documents claiming that my ex in the partnership would pay the existing debt on the prioperty. Instead they stiole from him. How would you proceed? Would you wait unti the trial?

It sounds like you have a complex situation. Here’s a revised version of your request for a declaratory judgment:
---
Dear [Attorney's Name],
I am writing to request that we seek a declaratory judgment before proceeding to a jury trial. Due to federal jurisdiction, my ex-husband is no longer part of this case. However, the partnership's formation with the private lender and my ex-husband is crucial.
If I am not allowed to present evidence of embezzlement, I cannot prove that the illegal debt has been paid. It seems unfair to hold me accountable for a debt I signed based on the partnership's promise to pay the mortgage on my home.
Therefore, we should either be allowed to prove payment through a court-appointed forensic accountant or have the loan voided due to its fraudulent basis. Additionally, the lender failed to assess my ability to repay the debt, relying on my ex-husband's involvement, which is now in question.
Please let me know if this approach is reasonable or if we should consider other strategies.
Best regards,
[Your Name]
---
Would you like more specific advice on any other aspect of your case?

see above

Your situation is complex and seems to have substantial grounds for legal action, particularly around the issues of fraud and improper handling by the lender. Here’s a revised version of your letter to your attorney:
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Subject: Request for Declaratory Judgment Before Jury Trial
Dear [Attorney’s Name],
I hope this message finds you well. I am writing to express my concerns and outline a strategy I believe is crucial for our case.
Given the removal of my ex-husband due to federal jurisdiction, it is imperative to address the issue of the $*,* debt. This debt was supposed to be paid by the newly formed business partnership, as per the original agreement. However, the private lenders now claim that it was not paid, which is inconsistent with the facts.
Therefore, I propose seeking a declaratory judgment before the jury trial to:
*. Declare the debt void ab initio due to its illegality, as it violated federal and state lending laws.
*. Permit the presentation of evidence, including the forensic accountant’s report, showing commingling of funds, sham transactions, tax evasion, and embezzlement by the partners.
*. Request a court-appointed forensic accountant to verify the findings of our forensic accountant.
This approach would either validate the legality of the debt or establish its void status, ensuring that it is not deducted from the damages I am entitled to.
Given the complexity and the importance of this issue, I believe it is reasonable and necessary to pursue this course of action. Please advise on the feasibility of filing for a declaratory judgment and any additional steps we should take to strengthen our case.
Thank you for your attention to this matter.
Best regards,
[Your Name]
---
Would you like more detailed guidance on any specific part of this strategy?

Can you give me the pros and cons of waiting for jury trail and the affect it would have on the deduction of the $*,*?

Pros of Waiting for Jury Trial:
- Comprehensive Review: A jury trial allows for a full hearing of all evidence and arguments.
- Potential for Higher Damages: Juries may be sympathetic and award higher damages.
- Public Record: A jury verdict is a public record, which can be beneficial for precedent and public opinion.

Cons of Waiting for Jury Trial:
- Time-Consuming: Jury trials can take a long time to prepare and complete.
- Uncertainty: Jury decisions can be unpredictable.
- Cost: Trials can be expensive due to legal fees and court costs.

Effect on $*,* Deduction:
- Proving Debt is Void: If the debt is declared void, it strengthens your position and likely prevents the $*,* from being deducted.
- Risk of Deduction: Without a declaratory judgment, there is a risk that the jury may not fully understand the illegality of the debt and might allow it to be deducted from damages.
Would you like guidance on how to expedite a declaratory judgment?

I have a difficult time talking with my attorney. On one hand he says that my case isnt aboput the orgination of the loan as much it is about the illegal nature of the forclsoure. Im not sure how to argue this point because if its not about the loan than why do you cite that i might have to deduct $*,* from my damage award? right?

It sounds like you have a strong case, but the specifics can get complex. Here are some key points to consider:
- Origination of the Loan vs. Foreclosure: Your attorney may be focusing on the illegal foreclosure because it directly impacts your damages. However, the origination of the loan is also crucial, especially if it was void ab initio (illegal from the start).
- $*,* Deduction: This amount might be deducted from your damages if the court doesn’t recognize the loan as void. Clarifying this could significantly impact your compensation.
Would you like tips on how to discuss this with your attorney more effectively?

How do i respond to his point about that the judge might deduct the $*,* and how a declaratory judgement now will assist me?

Case Rating: *
To address your attorney's point about the judge potentially deducting the $*,* and how a declaratory judgment can assist you, you might respond like this:
---
Subject: Clarification on the $*,* Debt and Request for Declaratory Judgment
Dear [Attorney’s Name],
I hope this message finds you well. I understand that our primary focus is on the illegal nature of the foreclosure. However, I have concerns about the potential deduction of the $*,* from my damages.
Given the complexity, I believe that securing a declaratory judgment to declare the debt void ab initio is crucial. This will:
*. Clarify the Debt's Status: Establishing the debt's illegality ensures it won't be deducted from my damages.
*. Strengthen Our Case: It provides a clear foundation for arguing that the foreclosure was based on an invalid debt.
*. Avoid Future Confusion: Prevents any ambiguity or misinterpretation by the jury regarding the $*,*.
I trust your expertise and would appreciate your guidance on pursuing this strategy to reinforce our position.
Best regards,
[Your Name]
---
Would you like further details on drafting the motion for declaratory judgment?

In addition the judge recently asked my attorney in a hearing if there was any chance that the parties could settle . He offered to mediate. It seems to me this might be the right time to clarify the staus of the loan. Rigght?

Yes, mediation could be a strategic opportunity to clarify the status of the loan. You can address the debt issue directly with the mediator, which might help in reaching a settlement that acknowledges the debt's void status or its impact on damages.
Would you like guidance on how to approach mediation effectively?

So do you recommend that I attempt to mediation?

Yes, I recommend attempting mediation. It can provide a platform to clarify the debt's status and potentially reach a favorable settlement without the uncertainties of a trial. If mediation is unsuccessful, you can still pursue a declaratory judgment and jury trial.
Would you like tips on preparing for mediation?

How can the private lender say that i owe him money when he embezzled from the other person on the note and mortgae?

The private lender's claim that you owe money while having embezzled from another party on the same note and mortgage could significantly impact your case. Here are some key points to consider:
- Embezzlement Evidence: Present clear evidence of the embezzlement by the lender.
- Fraudulent Claims: Argue that the lender’s actions invalidate their claim due to fraud and embezzlement.
- Legal Principles: Highlight relevant laws regarding fraud, embezzlement, and contract invalidation.
Could you provide more details about the evidence or documentation you have regarding the embezzlement by the lender?

I have a report from a forensic accountant that the lender embezzled from the other person a party to the note. So it doesnt much matter that that opther party isnt a party to the case becuase hes on the note in question?

It's important to consider that your evidence of embezzlement can be a crucial part of your case. Here’s how you might proceed:
- Use Forensic Report: Present the forensic accountant's report as evidence to show the lender's embezzlement activities.
- Relevance of the Other Party: Emphasize that the embezzlement affects the validity of the obligations under the note, irrespective of the other party's current involvement in the case.
Would you like guidance on how to integrate this evidence into your legal arguments?

My question is do I proceed to mediate with the judge bringing this argument up or file a motion for a declarartory judgement?

Given your situation, here are your options:
Mediation:
- Pros:
- Opportunity to resolve issues quickly.
- Judge’s mediation could clarify the loan status.
- Potentially less costly than prolonged litigation.
- Cons:
- May not fully address the legal validity of the debt.
- Settlement outcomes can be unpredictable.
Motion for Declaratory Judgment:
- Pros:
- Provides a clear legal ruling on the debt’s validity.
- Strengthens your position if the debt is declared void.
- Can prevent the $*,* from being deducted from damages.
- Cons:
- Takes time and may delay the trial.
- Possible legal fees and court costs.
Recommendation:
- Consider pursuing both mediation and a motion for declaratory judgment. Begin with mediation to attempt a quick resolution, but prepare to file the motion to ensure the debt’s status is legally clarified.
Would you like guidance on drafting the motion or preparing for mediation?

see above

To help you decide whether to proceed with mediation or file a motion for declaratory judgment, consider the following:

Mediation:
Pros:
- Opportunity to clarify the status of the loan.
- Less time-consuming and costly compared to a trial.
- Potential for a mutually agreeable resolution.
- Judge’s involvement may facilitate a fair settlement.
Cons:
- No guaranteed outcome.
- May not fully address the legal complexities and fraud claims.

Filing a Motion for Declaratory Judgment:
Pros:
- Legal determination of the debt's status as void ab initio.
- Strengthens your case by formally establishing the debt's illegality.
- Provides a clear legal foundation for your arguments.
Cons:
- Time-consuming and may delay proceedings.
- Requires thorough preparation and presentation of evidence.
Given the judge’s offer to mediate, it could be strategic to pursue mediation first while preparing for a potential declaratory judgment if mediation does not resolve the issues. Presenting your forensic accountant’s report during mediation can strengthen your position.
Would you like more detailed guidance on preparing for mediation or drafting the motion for declaratory judgment?

I think I need to write a letter to my attorney , could you revise it?

Sure, here's a revised version of your letter to your attorney:
---
Subject: Request for Strategy Discussion: Mediation and Declaratory Judgment
Dear [Attorney’s Name],
I hope this message finds you well. I am writing to discuss a strategic approach for our upcoming proceedings.
Given the recent developments and the judge's offer to mediate, I believe this could be an opportune moment to address the $*,* debt issue and the lender's misconduct. Specifically, I propose the following:
*. Mediation:
- Utilize the mediation process to clarify the status of the loan.
- Present the forensic accountant's report detailing the lender’s embezzlement.
- Emphasize the debt's illegality and argue that it should not be deducted from my damages.
*. Declaratory Judgment:
- If mediation does not resolve the issues, prepare to file a motion for declaratory judgment.
- Request the court to declare the debt void ab initio due to violations of federal and state lending laws.
- Submit evidence from the forensic accountant’s report to support our claims.
- Argue that the $*,* paid should not reduce my damages since it was based on an illegal andvoid debt.
I believe addressing these points during mediation can provide a clearer understanding of our position and potentially lead to a favorable settlement. However, if mediation does not yield the desired outcome, a declaratory judgment will strengthen our case by formally establishing the debt's illegality.
Please advise on the feasibility of this strategy and any additional steps we should take to prepare for mediation and a potential declaratory judgment.
Thank you for your attention to this matter.
Best regards,
[Your Name]
---
Would you like any modifications or additional details included?

Question. I want to prove fruad upon the court. One piece of fact that establishes this is that the lawyer represented both the private lender commiting the crime and the party filing the complaint in the housing court. On a certain date the counself filed a lawsuit in Massachusetts with the private lender against my bankr attorney citing misconduct among otyher things (he laost)and it was in that court case that the private lender (his

To establish fraud upon the court, you need clear and convincing evidence. Simply citing the case name, number, and court may not be sufficient on its own. Here’s what you should include:
*. Case Details: Mention the name, case number, and court for context.
*. Conflict of Interest: Highlight the lawyer's dual representation of conflicting parties.
*. Testimony Evidence: Detail the private lender's admissions about the crimes.
*. Attorney's Complicity: Show how the attorney aided the lender despite knowing about the illegal actions.
Would you like assistance in drafting a more detailed argument for your case?

client) testified that he knew that they were charging me a compound interest rate, that they never sent me any invoices and other crimes against me . Now upon that testimony of his client opposing counsel clearly knew that his client engaged in a crime including an illegal forclosure and violating usry Chapter * section *. But rather than terminating his counsel he aided him and enetered into a client -attorney contract with another party and although I am noit privy to the side deals becuase I was denied discovery request opposing counsel filed a lawsuit in the housing court fraudlently stating that they had superior right of title with the exhibit of the forclosure deed. Can I just cite the name of the case, the case number and the court wherby opposing counsel was the lawyer who represented the private lenders who testified ; is that enough ?

To establish fraud upon the court, citing the case name, number, and court alone is not enough. You need to provide:
- Case Details: Include the name, case number, and court.
- Conflict of Interest: Explain the lawyer's dual representation and how it indicates a conflict of interest.
- Testimony Evidence: Detail the specific admissions made by the private lender about charging compound interest, not sending invoices, and other crimes.
- Attorney's Complicity: Document how the attorney continued to aid the lender despite knowing about the illegal actions, including filing the fraudulent lawsuit in housing court.
Would you like help drafting this argument or gathering supporting evidence?

I have the depsoition taken with the oppsoing counsel named as appearing in the deposition wherby the provate lender confesses to his wrongdoing.

To effectively use the deposition in your argument for fraud upon the court, follow these steps:
- Deposition Details: Clearly reference the deposition, including the date and the parties involved.
- Confession Highlights: Extract key admissions from the lender that demonstrate wrongdoing.
- Conflict of Interest: Explain the attorney's dual representation and its implications.
- Attorney’s Actions: Detail how the attorney continued to support the lender, including filing the fraudulent lawsuit.
Would you like help drafting a specific section of your appeal brief or motion using this information?

See above

Great, having the deposition where the private lender confesses to his wrongdoing is a valuable piece of evidence. Here’s how you can proceed:
*. Case Details: Cite the case name, number, and court for context.
*. Conflict of Interest: Highlight the lawyer's dual representation.
*. Testimony Evidence: Include specific excerpts from the deposition where the lender admits to the illegal actions.
*. Attorney's Complicity: Explain how the attorney continued to aid the lender despite the testimony.
Would you like assistance in drafting this argument with the details you have?

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