Consent order elements


#1

I have a consent order written by the opposing attorney, it contains elements or “instructions” (to me) that are in direct conflict of existing law, and as defined by GS 1A-1 rule 11. Can I not make a Motion for Show Cause Order, include the statue that supports my Motion and ask for a relief from the order. When I pointed out these “errors,” my attorney withdrew from the case so I am on my own. I have written the Motion and the Show Cause Order in the same template as was written to me so I have the format down. The consent order is a horrible piece of lawyer-esq writing with many logical errors but how strict are the relationships between the statue and the language used to write a consent order.
Do I also ask for sanctions in the same Motion for Show Cause Order? Or is that a separate Order?


#2

If you have objections to the order you would have had to present them to the court before signing the same and having it submitted to the court.


#3

After I signed the order and got home I discovered elements of the order, handwritten by the opposing attorney (all the elements were handwritten) had been included AFTER I signed it. Also does Rule 11 not apply when some of these elements are not warranted by existing law. I am in the process of filing a Motion to Show Cause Order that is asking for relief from this order. For example, one of the elements requires me not to write about the court case. I know what libel and deformation are. I do neither. Can I not file sanctions against the opposing attorney based on these issues?


#4

A show cause is not the proper motion, and no action for sanctions will lie, since you presumably read the order before signing. There is nothing contrary to law about your agreeing not to write about the court case.


#5

So if they wrote the consent order that stated I was not to vote in any election, and I signed it, I gave up my constitutional right to vote?

I am writing a Motion for Relief from Judgment based on Rule 60 (b) subsection (1) and (3).
is this the proper rule?
Is there a place on your site where I can find the proper format or template for writing a Relief from Judgment Motion?


#6

No, that would be unconstitutional, however your agreement not to publicize facts about this case is not contrary to public policy, or against the US constitution.
Rule 60 is the proper rule under which to obtain relief from judgment.
We do not have a form for rule 60 on this site.


#7

Thanks for your help on this, I do not mean to be a pest but I have lost my kids and I am consumed to be “put back” in their lives…

So if they wrote the consent order that stated I was not to vote in any election, and I signed it, I gave up my constitutional right to vote?
No, that would be unconstitutional, however your agreement not to publicize facts about this case is not contrary to public policy, or against the US constitution.

But what about their “requirement” that I not write about it…that is against the 1st Amendment and Freedom of the Press…here is the exact wording:
"Neither party shall discuss any aspect of this court case or any other court case involving the parties in any media format including the internet."
Regardless of everyone’s law degree, this element means that I cannot email an attorney, write a motion or even ask you to comment on it since this is a “media format.” It does not isolate the recipient of my “discussion” it just says I cannot “discuss” period. Meaning I cannot bring any complaint, consult with any lawyer, etc.
Would YOU have a hard time bringing this before a judge under Rule 60, or even Rule 11?
You have been very cordial and I will not press the issue past this post since I know you stay very busy with a lot of people. Thanks.


#8

Your mutual agreement not to write about the case is enforceable. You can of course speak to an attorney in confidence about the case, and can file motions regarding the same. It seems to me the inclusion of that language is meant to prevent either of you from publically discussing the case and disparaging the other, or leaking financial information.
I would have a hard time filing a motion for relief from judgment, or rule 11 on this case since you are deemed to have read and understood the order before you signed it.