I am handling my own case in Oregon because decent legal representation out here is pretty non-existent. The defense is filing an Undertaking for Costs pleading with the appeals court to try and have my case dismissed. I have yet to file my briefs because I am awaiting my motion to be granted in my transcription fees being waived and my extension on filing my first briefs. I have explained to defense counsel that when I file my transcription and briefs that I will be filing the Cost of Undertaking, but this is a real nasty, unethical attorney, who in the beginning removed the cases from small claims to Circuit Court, then when we had the trial, there was no jury.
Yes, Oregon is a very screwed up place to seek justice. The folks out here are undereducated, but mostly corrupt in proper procedures.
Anyone who has a copy or sample of what needs to go into an Undertaking for Costs, please email me.
Thanks.
Tags: Human Interest, Circuit Court, small claims, legal representation
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This is usually controlled by specific Court Rule No. on procedures; go to your court rules on-line, or FindLaw.com to look up the requirements of whats supposed to be in that document. If you are post-filing (appeal, e.g., after costs), list everything you expended from copies, ink cartridges, parking fees, legal fees, etc., to get to where you are. If its pre-filing, estimate brief pages and number of copies required, resources to be expended (Lexis, West Law, legal research, etc.). You can always amend if you are pre-filing, so guess on the high side. If you are in Appeals Court, I presume you have a record of all expenditures in the lower court, count every single brief, motion, opposition, number of copies, postage, etc. (I would use the Court Clerks record of pleadings to review the list!). If you are pro se you can’t add your time costs unless your are a public interest litigant (i.e., constitional case that affects others). Check out self-help how-to web site Legal Support Services.USA for pro se assistance. Good luck! http://www.angelfire.com/planet/emailattorney
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