Yesterday, pursuant to the email of my cousin, I prepared her Motion for Postponement for her April 21 hearing because she’s out of town. The motion relates to the resetting of the hearing of her client’s move to take deposition of his own witness.
While filing the pleading in court, our messenger called me and told me the receiving clerk refused to receive the pleading because one counsel, the counsel of my cousin’s client’s co-defendant, was not furnished a copy of the motion.
I asked to speak to the said clerk. She told me she will not receive the said motion until we mail a copy first to the counsel in point.
Politely at first, I patiently explained to her that the motion does not have anything to do with the said counsel because this relates to the evidence of a co-defendant which said counsel’s client does not have anything to do with as it concerns only the taking in advance the testimony of my cousin’s own witness for his defense.
Either she did not understand my point (of course she did not) or she was just power tripping, she insisted on not receiving it.
By this time, I was already reminded of a similar incident a few months ago.
I was out of town when our messenger filed my Motion for Reconsideration of an appealed case. The clerk of the court also refused to receive it because the motion lacked the “notice of hearing” therein. Our secretary frantically called me as that day was the last day for filing the motion. I instructed our secretary to tell the clerk that said notice is not necessary because it was an appealed case already and no hearing will be made on such cases. I did not know what happened after that for our secretary did not call me again. When I got back, I learned that the clerk strongly insisted on that notice of hearing that my cousin, who just wanted to satisfy the clerk to end the story, just made the said notice to end all the fuss. Due to this, I had to go to court on the scheduled hearing. When the case was called, the presiding judge told me the case should not have been set for hearing because it was an appealed case. “Precisely, your honor, but the receiving clerk refused to receive my motion without it so that’s why I’m here.” Even if by then, the presiding judge somewhat “slightly admonished” the personnel in court (I doubt if the receiving clerk in point was there), it was a waste of my time and I had to suffer a twinge of embarrassment when the court told me the hearing was not necessary which compelled me to reason with the presiding judge, otherwise, he might think I’m stupid.
Going back to that receiving clerk, I really did not have time to reason with her anymore so I cut her short and in an icy tone said, “Ma’am, just receive the motion because your job is only ministerial and you are duty bound to receive whatever pleading is filed in your court. You have no discretion to determine anything on that pleading. So just do your job, anyway, if that counsel you want notified is aggrieved for his lack of notice, he can always raise the matter to the court.” The irritation in my voice may have been clear to her because she then acceded to me.
These court personnel. The fact that they have worked all their lives in the courtroom does not make them lawyers or judges too, but they certainly act like it.
Hello? The ocean does not hold the fishes only – just because one can swim does not make him a fish.