Mom Brings Wrong Record in Court — Judge Hits Her With $950
ustadyt
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Mom Brings Wrong Record in Court — Judge Hits Her With $950
23 просмотра · 5 дней назад
ustadyt
1,22 тыс. подписчиков
23 просмотра · 5 дней назад
The father's attorney served discovery in June, asking for school records — transcripts, attendance, communications with counselors. Months later, what he had received was about six cell phone photos of a computer screen. He couldn't tell what they were, couldn't verify them, and couldn't even subpoena the records himself, because he doesn't know which school district the young man attends. When his office contacted the school named in a letter, they were told first that he wasn't enrolled, then that he might be, in "some kind of program."
The mother is representing herself. She tells the court she did try, that she asked during summer break when nobody was available, that she sent what she could get, and that she now lives in Houston and doesn't have the money to travel to El Paso to request records in person with ID.
The judge asks her directly whether she's seen the numbered requests, whether she's responded to each one, and how long she needs. She says a week. The father's attorney asks for thirty days for both production and review. The court grants the motion to compel, gives her thirty days, and awards $950 in attorney's fees — less than the $1,500 requested, but a real sanction against a self-represented parent. The final hearing is continued, with the state agreeing, so it can be heard as a true final rather than another temporary order.
Worth noting: the young man at the center of this is now 20. The school records and the IEP the mother references matter because of an application still pending before the court, which is why records about a person who has already reached adulthood are still being fought over.
📘 Terms used in this hearing
Discovery — the pre-hearing exchange of information. Each side can require the other to produce documents, and the deadline here was 30 days.
Request for production — the numbered list of specific documents demanded. The judge walks through whether the mother has seen requests one through six, because a party must respond to each one individually, even if the answer is "I don't have this."
Motion to compel — what you file when the other side ignores discovery. It asks the judge to order production, and it can carry a fee award against the party who caused the delay.
Attorney's fees as a sanction — not a penalty for losing the case, but compensation for the time the other side wasted. The attorney testifies to his rate ($350 an hour), his experience (22 years), and the hours spent. The court awards less than requested, which is common.
Pro se — representing yourself. The judge notes the practical problem it creates here: the Attorney General's office is a party but does not represent the mother, so there's no lawyer on her side to push the documents out the door.
Continuance — a postponement. Both the father's attorney and the state ask for one, so the final hearing isn't wasted on a record nobody can rely on.
IEP — an Individualized Education Program, the written plan for a student receiving special education services. It's referenced as one of the few documents the mother says she did provide.