MOTION TO RECONSIDER ORDER Lee Allen Martin
PRO SE
VS.
CAROL RUSSELL FISCHER
KEITH HOLCOMB
Attorney)
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)CASE #01CV324209
On the 1st day of October 2001 a hearing was held before the honorable court. The Plaintiff did take to file with the open court a Motion for Finding, and Motion for Transfer as the Trial Court Lacks Jurisdiction. The Official Docket recieved on the 12th day of November per plaintiff request reveals that the Motions were not timely filed. Filing of said motions was not done until the 4th day of October 2001, and after the plaintiff made an inquiry as to the status of the filing.
On the 4th day of October plaintiff did receive a copy of Notice of Entry of Appearance from one Mr. Kraus. Said Notice states that it was duly filed on the 2nd day of October. The Official and the Unofficial dockets for this case has no record of the filing of said pleading.
On the 17th day of November 2001 plaintiff requested a copy of the official docket sheets for the case at hand. Plaintiff received a computer generated docket for this case that does not correspond with the unofficial docket maintianed by the casenet.
The honorable took to inform both parties on the 27th day of July 2001 in open court that all hearings in the future would be scheduled puruant to local rule. That rule being on the law day as prescribed. The hearing scheduled for this 28th day of November is not a law day, and the court has failed to record any Order that would have suspended the local rules.
In light of the facts presented to the Honorable Court the plaintiff must request that the honorable court Reconsider the Order of November 2, 2001 and transfer the case to the Supreme Court of the State of Missouri for reassignment, or certify the issue of jurisdiction of a court that cannot create a record that imports absolute verity to the Court of Appeals.
Respectfully Submitted
CERTIFICATE OF SERVICE
I hereby certify this pleading was served upon all attorneys of record for each of the parties to this action and All parties not represented by counsel in the following manner:
[X] By delivering a copy to them.
[ ] By leaving a copy at their office with the clerk.
[ ] By leaving a copy at them office with an attorney associated with them.
[ ]By mailing a copy to them as prescribed by law
[ ] By faxing a copy to them.
28th day of November 2001
So certified: _____________________________
Lee Allen Martin
NOTICE OF HEARING
The foregoing pleading will be called for hearing before the court on 28th day on November, 2001at 1 pm or as soon thereafter as petitioner may be heard. So noticed:
_______________________________
Lee Allen Martin