On Monday, April 23, 2012, I once again borrowed my friend’s car and drove to the courthouse to respond in writing to the Complaint, to file a Jury Trial request, and pay the fees. During the discussion in the courtroom, the judge had said I had a choice of jury trials—one with 6 jurors or one with 12 jurors. The judge’s clerk had said that the 6-juror trial would cost an additional $12.50 and the 12-member juror trial would cost an additional $25.00. I decided to go with the 12-member juror trial. The clerk had also said the entry/filing fee would be $89.00. I brought cash for the $25.00 jury fee, the entry/filing fee, and an extra amount just in case.
However, I didn’t bring enough money. In the Clerk of the Court’s office, I was told that one could only have a 12-member jury trial. However, the cost for the jury trial was $212.50 not $25.00. I did not have enough money with me to pay that amount. I said I had been given incorrect information. She said it wasn’t incorrect information, it was just not the current information. I gathered the fee had been recently changed. I did not ask when since it made no difference.
I didn’t know if I wanted to pay $212.50 for a jury trial. That was a significant difference in cost. Since I had until May 1 to pay for the jury trial, I asked if I could pay the entry/filing fee now and return at a later date to pay for the jury trial. I was told that I could. I gave the employee a one-sheet page (shown below) with the required information along with the $89.00 entry/filing fee. Since I could not pay for a jury trial at that time, I crossed out the sentence beginning with “I respectfully request” and ending with “changed to a jury trial,” initialed the change, and concluded that transaction for that day.
The paper submitted:
To: The Honorable XXXX XXXXX
Judge of the Circuit Court of the Tenth Judicial Circuit
Donald L. Vance
XXXXXXXXXXX
April 23, 2012
RE: Continuance order to May 9, 2012 at 10AM for bench trial ….
XXX XXXXX XXXXXXX, Successor Trustee of the XXXXXXX Living Trust
Plaintiff,
vs.
Donald Vance
Defendant
Case No. XX-XX-XXX
Amount Claimed: COURT COSTS
Dear Judge XXXXX
I respectfully request that my scheduled bench trial on May 9, 2012 at 10AM be changed to a jury trial.
As for the complaint filed by XXX XXXXX XXXXXXX, I respectfully submit that the allegations that I owe a debt to the XXXXXXX Family Living Trust and that I was “allowed to occupy the property by XXXXXXX [without the payment of any cash rent] … for purposes of providing personal assistance [services] to XXXXXXX “ are not true, factual, and/or logical. Therefore, I must humbly and respectfully deny both allegations.
Respectfully submitted by:
Donald L. Vance
(I have deleted names of companies, individuals, and other information. This information will be part of my second book in my The Black Sword series of five books. I will include all information deleted in the book.)
