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#1 dongringo

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Posted 04 January 2013 - 11:42 AM

To what extent, in a "statement of proof" and "exhibits" for an arbitration hearing does one use and support statutes, actions and statements? How much do I attempt to cite?

#2 dongringo

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Posted 04 January 2013 - 11:45 AM

How do I use citations in a "statement of proof" for an arbitration hearing?

#3 Tax_Counsel

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Posted 04 January 2013 - 01:41 PM

How do I use citations in a "statement of proof" for an arbitration hearing?


That depends on the rules that apply to the arbitration and what the hearing is about.

#4 FindLaw_Amir

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Posted 04 January 2013 - 02:21 PM

Could you please elaborate a bit more on your post regarding what arbitration your are referring to?
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#5 adjusterjack

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Posted 04 January 2013 - 03:22 PM

To what extent, in a "statement of proof" and "exhibits" for an arbitration hearing does one use and support statutes, actions and statements? How much do I attempt to cite?


Tell us what the case is about and what evidence you have to prove your side and we'll speculate as to whether it's enough.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 pg1067

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Posted 04 January 2013 - 03:36 PM

To what extent, in a "statement of proof" and "exhibits" for an arbitration hearing does one use and support statutes, actions and statements?


This sentence doesn't make a lot of sense. I'm not sure how one could "use [or] support [a] statute[], [an] action[] [or a] statement[]" in an exhibit. As for how or the extent to which you should do these things in a "statement of proof," that rather obviously depends on: (1) what a "statement of proof" is (while the term sounds simple enough, and while I certainly can understand why you might think everyone would know what it is, it's not a term that is universally used or one of which I've ever heard); (2) the particulars of the "statutes, actions and statements" you are seeking to "use and support;" and (3) the rules governing the arbitration. In other words, it's not even remotely possible to answer that port of the question in the abstract.


How much do I attempt to cite?


To paraphrase Yoda, you do not "attempt to cite." You either cite or you don't. How much (of whatever) you should cite depends on the particulars, none of which appear in your post.

#7 dongringo

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Posted 07 January 2013 - 09:39 AM

Thanks, esp. to adjusterjack who seems to have gotten vague point. Arbit. hearing SOON.

Plaintiff, In pro per by "choice" do to failure of ALL authorities to stop decades of same people doing the same thing. As in: Fraud, verbal agreement, timber theft/trespass/conversion/sale/transport, jt. venture/partnership, falsifying docs/permits, tax fraud/dodge and etc. Complaint refers to UTPA, FPA, violation/subversion of ODOF regulations/practices with "help" or ignorance of ODOF personnel. Numerous violations of above and many ORS/OARs. Tax fraud/diversion with help from "all" because it greases all the wheels. When/where do I first refer to these laws, relative to evidence? If not in Prehearing statement of proof, exhibits, witnesses and topics to be discussed with same, where? Or is what I'm after here done when I stand up in arbitration? Have 40-50 exhibits, docs,5-6 affidavits ie; similar cases, 4-5 witnesses, including mill and ODOF officials, witnesses, at best, un-coop., scared of losing business or worse. Extensive court record of 1 defendant, fall guy, leader, judgment proof con, thief and poacher. Sorry, in quite a hurry. Thanks, in part, to you all, would seem that what I'm talking about is part of "opening" in Arbit. hearing to be cited with supporting case law. That might kill me, but, gauranteed I won't die alone.

#8 adjusterjack

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Posted 07 January 2013 - 11:44 AM

Not quite the explanation I was hoping for. No offense, but blaming everybody in the world for everything they did to you over a period of decades isn't very helpful.

What I was asking is for things like: who are you suing or claiming against (no names), what he or them did wrong to you (specifically), and how much money you want as compensation for the wrongs.

It would also help to know why arbitration instead of court and whether the arbitration is under the auspices of the American Arbitration Association. If it is, there is a guide at the following link along with possible assistance with managing your case.

http://www.adr.org/a...ate=930guzqb4_4

The guide might tell you when, in the process, you present whatever you have to present.

With regard to your evidence, I'll just make a couple of general comments.

1 - If your witnesses aren't there to personally give testimony it's likely that their affidavits will be objected to by the other party and declared inadmissable.

2 - If witnesses are uncooperative, you might have to subpoena them.

3 - The "extensive court record" of one of the defendants might also be inadmissable. You need to prove what he did to you. What he did to others might be objected to as irrelevant and be ruled inadmissable.

4 - 40-50 documents might work more against you than for you. Especially if many of them are not really "evidence." For example, you mention timber theft and trespassing. Seems to me that the "evidence" would consist of things like a property survey and plat diagram, photos showing position of the trees before they were cut down, and a witness who can stand up and say "I saw Joe Blow come on the property, cut down Dongringo's trees and hault them away."

5 - With regard to:

"failure of ALL authorities to stop decades of same people doing the same thing. As in: Fraud, verbal agreement, timber theft/trespass/conversion/sale/transport, jt. venture/partnership, falsifying docs/permits, tax fraud/dodge and etc. Complaint refers to UTPA, FPA, violation/subversion of ODOF regulations/practices with "help" or ignorance of ODOF personnel. Numerous violations of above and many ORS/OARs. Tax fraud/diversion with help from "all" because it greases all the wheels."

Again, no offense, but if you go in expousing all of that you are virtually guaranteed to lose because I'm guessing a lot of that might not be relevant.

Example: tax fraud.

If you're saying that Joe Blow cut down your trees, sold them, and didn't pay taxes on the money, that's between him and the IRS. Has nothing to with whether Joe Blow stole your trees.

Granted, I don't know yet what all of those points have to do with your case but you also have to understand that there are statutes of limitations involved. Trespassing and stealing your trees are torts. Torts generally have a two year SOL in most states (I don't think you've mentioned yours). You also refer to verbal agreements and joint venture partnership. If there is a breach of contract issue in your case, unwritten agreements generally have a shorter SOL than written agreements. Again, depends on your state. Consequently, "decades" of wrongs are likely to be inactionable if they did not occur within the SOL period.

With regard to falsifying docs and permits, you will need an independent witness or expert to testify that they were falsified. You don't just present the docs and permits with your own explanation of falsification. That's just not going to fly.

Above is all just general information. Could be refined with more specifics about your case.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#9 pg1067

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Posted 07 January 2013 - 01:22 PM

"dongringo": Your follow up post is difficult to follow because you didn't use normal English sentence structure.

That said, I skimmed "adjusterjack's" most recent response and generally agree with everything I saw.

The way an arbitration usually words is as follows (this is generally based on AAA rules, but other arbitration companies typically follow the same basic structure):

(1) the claimant files the statement of claim (complaint), pays the fee, and serves the statement of claim on the respondent;

(2) assuming the respondent responds, the arbitration company case manager will lead the parties through the process of selecting the arbitrator;

(3) once the arbitrator is selected, he/she will hold a case management conference (usually by telephone), during which a schedule will be put in place;

(4) depending on the applicable rules and other factors, the parties may or may not engage in pre-"trial" discovery and may or may not file pre-"trial" motions;

(5) after all of the pre-"trial" proceedings, the arbitrator will conduct a hearing/"trial" at which the parties will present evidence and make arguments. Arbitrators typically want a pre-hearing brief to be filed. Those briefs will typically summarize the facts that each party believes will or won't be proven by evidence at the hearing and makes arguments based on those facts and the applicable law. Perhaps this is what you meant when you referred to a "statement of proof"? The arbitrator might also ask for a post-hearing brief. After the hearing, the arbitrator will render his/her decision.

#10 dongringo

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Posted 08 January 2013 - 11:45 AM

Oregon Trial Court Rule 13.170 is what I have to satisfy. Not years abusing me, they'd be dead, but this is 2 1/2 yrs. "old" so....

Decades of exact same scam(virtually) done same way. Many victims and ORS violated. No issue with SOL, most issues raised have been addressed or different rules seem to apply. At this time: discovery done, subp, witnesses, affidavits gathered(preferred here), etc. Motions generally not allowed, hearsay possibly is. I THINK we're at the pre- hearing brief or case mgmt. conf. stage. But nowhere in OTCR have we found that we do that now. It seems that, unless arbitrator requests it, it comes out in hearing(2 wks). Opening statement? Starts with a violation of ORS 162.085, unsworn falsification on ODOF timber harvest permit. Sorry for: the shotgun approach in writing, lack of time to provide details, lack of literacy in legalese, the "law", and patience. Need to check link above, get to law library for more r&d of topic above. Back soon? Many thanx.

1067- maybe don't read Dos Passos, might fry your brain...None the less, Thank you, Gentlemen. Gringo Loco

#11 pg1067

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Posted 08 January 2013 - 02:08 PM

Oregon Trial Court Rule 13.170 is what I have to satisfy.


Then it seems to me you don't need to cite anything. According to Rule 13.170, the "statement of proof" is supposed to contain the following: (1) a list of exhibits; (2) a list of witnesses with general statements of their expected testimony; and (3) the estimated length of the hearing. See http://courts.oregon...2_UTCR_ch13.pdf. No citations to statutes or case law appears to be called for.


1067- maybe don't read Dos Passos, might fry your brain.


If he or she writes anything like you, I certainly will refrain.

#12 adjusterjack

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Posted 08 January 2013 - 03:41 PM

Oregon Trial Court Rule 13.170 is what I have to satisfy.


Here's the rule in its entirety. Doesn't seem to difficult to handle but you do have to submit the "statement of proof" at least 14 days ahead of the hearing. So if the hearing is 2 weeks away and you haven't submitted it yet, you might have a problem.

13.170 PREHEARING STATEMENT OF PROOF
(1) At least 14 days prior to the date of the arbitration hearing, each party must submit to the arbitrator and serve upon all other parties all the following:
[a] A list of all exhibits to be offered showing or accompanied by a description of the document and the name, address and telephone number of its author or maker and complying with UTCR 13.190(2)[c]. Each party, upon request, must make any exhibits available for inspection and copying by other parties.
A list of witnesses the party intends to call at the arbitration hearing with their addresses and telephone numbers and a statement of the matters about which each witness will be called to testify.
[c] An estimate as to the expected length of the hearing.
(2) A party failing to comply with this rule, or failing to comply with a discovery order, may not present at the hearing any witness or exhibit required to be disclosed or made available, except with the permission of the arbitrator.
(3) Each party must also furnish the arbitrator, at least 14 days prior to the arbitration hearing, with copies of pleadings and other documents contained in the court file which that party deems relevant.


And make sure you study the entire Chapter 13.


Many victims and ORS violated.


1 - I'm not sure prior bad acts would be admissable.
2 - But if they are you would be wise to have the prior victims there to testify if you expect prior acts to do you any good. Hearsay (or affidavits) might be admissable but might not be given much weight if the person is not there to testify. Take the risk if you like, but just make sure you understand the risk.


It seems that, unless arbitrator requests it, it comes out in hearing(2 wks).


Looks like that to me, too.


Opening statement? Starts with a violation of ORS 162.085, unsworn falsification on ODOF timber harvest permit.


162.085 Unsworn falsification.
(1) A person commits the crime of unsworn falsification if the person knowingly makes any false written statement to a public servant in connection with an application for any benefit.
[b](2) Unsworn falsification is a Class B misdemeanor.


OK, so how did he falsify the permit:

https://www.google.c...kl6ZFJsVP5kdGpg

And what effect did it have on you?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#13 dongringo

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Posted 09 January 2013 - 03:07 PM

Permit is abbreviated version of above, no matter because the" falsification" is done when the trucking co. is listed as "timber owner", assumes TAX liability and ownership. "Operator" did this against our wishes and, what should be, normal and customary, per DOR. ODOF, locally, also directs, wrongly, people to do the same. Trucker has "open ticket" with mill, delivers logs, gets paid(2X/mo), deducts trucking, Tax prep fees, taxes. Landowner, me, is actual timber owner with 25MBF exemption/yr. This co. and others here do this to dozens/hundreds? of people. ODOF personnel make difficult, for landowner, the logging/permit process, facilitate for operator/trucker, permit "issued" by phone to operator. Owner busy, not there, unaware, lied to by ALL, some have never even had oper. talk to them or just he came by to "check it out", and permits issued with no knowledge. Logs taken, go to mill. Then, mill pays trucker who,1st says he'll send $, until check in hand, then, all goes to guy who set it up. Sorry have to stop with this. If alive, will try to give details requested in a few days. Immediate concern is, (has to be postmarked 1/10) prehearing SoP due at that time. Looking for "proper" language for "must contain concise summaries of the substance of each witness testimony."UTCR13.170(1)(B). Have one ODOF Supervisor, 2-3 uncooperative witnesses and mill office worker to "summarize". Supervisor and mill employee are most difficult due to multiple issues to be addressed. Have 2yrs. of "investigation" into decades of similar actions. How do I make "concise summaries" when not known(no experience) exactly where to go, or where it will go?

More detail? yeah, I know. Old age, confusion, rage and the huge pile of crap gathered has scrambled my brains. The above seems relatively easy. Seems almost certain pre-hearing brief or conference(phone) is highly likely or guaranteed esp. with amount of docs and witnesses and will address that very soon, with, hopefully the detail you need to continue. NOT easy.

Adjusterjack- Your question 1-2? I would be trying to admit under OEC 404(3) and have some of the "declarants", those still alive and able(relevant), 2-3 "little old ladies" and such. Other comes from voluminous court records.

ORS162.085 leads to ORS 164.825. Sorry folks, braindead and outta time. Many thanks for all you've given. Has helped with crap submitted AND in organizing the mess in my mind. Back asap. don.

1067-Your very clear and cogent commentary conceals a very cunning poet(ess) and linguist. Sophomoric and tacky, eh?
I'm a crap shotgun, Dos Passos is art and an Amer. "classic", contemporary of Hemingway. The LENGTH of his trilogy, written in his vernacular fries most brains, but the story is real America. But, like Hemingway, when he got all his hard earned $, he seemed to lose his "populist" faith, "lawyered up" and said f--- taxes and everybody else. The power of money! Peace, you've helped and I look forward to your help with my abnormality and English in this particular arena. Thank you.

#14 dongringo

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Posted 09 January 2013 - 09:10 PM

oh so stupid........and what would a "concise summary" of the plaintiffs(ME?) testimony be........and do I refer to, like, ORS? Or, again, next in pre-hearing brief/conference? Very soon. Good grief... don Loco

#15 dongringo

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Posted 09 January 2013 - 09:27 PM

sorry for extra posts, quite late, a bit tired. Best idea so far=use language from OEC404(3)........(show)proof of motive, opportunity, etc........and history of our claims and the various ORS, regulations and rules violated.????? That's gotta be it for a few, Thanks!

#16 dongringo

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Posted 11 January 2013 - 05:41 AM

........moving right along........not my idea, but...
Small detour, folks. Motion to allow two defendants to testify by phone has to be objected to, today. Out of state co. doesn't want to travel. Too busy, too much $, bad weather. Have to try to make them show. Will post draft objection in a short time. Not surprised if I blew everyone outta here, happens all the time. Pre-hearing statement filed. Fog in the forecast.




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