Cattaraugus County DA Get 55 Days to Respond to Motion, however DA only wants to allow pro-se litigant about 20 days to respond to DA’s papers.
In another amazing feat of judicial magic, that only appears to occur in Cattaraugus County, New York, when ‘DA’ Elizabeth N Ensell appears with ‘DA’ Kelly Balcom, they can demand that a pro-se litigant in a local case only be allowed 20 days to respond to any of their filed papers when they are allowed 45 days. Any pro-se litigant should objected to this kind of conduct.
Truly amazing. In an earlier pretrial hearing Ensell asked that she (i.e. the People and Rieman) be given 45 days to respond to any motion that a pro-se litigant files. In this matter, the pro-se litigant graciously agreed to her request to allow the people 45 days to respond, which the court also agreed upon.
The pro-se litigant then served the people during the first days of July with his papers, about 60 days before the next hearing.
Did the people respond in 45 days? (about 6 1/2 weeks)
the deadline came and went, however about 8-1/2 weeks after the original service at the second pre-conference, guess what happened? Guess what Ensell and Balcom demand they be allowed to do?
They wanted to serve their answer about 2 weeks after all parties (including the court) agreed to (45 days) at the second pre-conference.
What did the pro-se litigant do instead of demanding sanctions?
The pro-se litigant involuntary accepted their papers.
Now why would he do that?
Now, after the pro-se litigant gets the papers, Ensell and Balcom then demand that the pro-se litigant only be allowed about 20 days to respond to their papers.
Now is that fair and just?
It appeared to be very difficult for the pro-se litigant to argue properly at this second hearing (it actually appears to be illegal in Cattaraugus County), he was trying to take in (what the NY justice system calls ‘receive’) all the information coming from both Ensell and Balcom and the same time and the court. Balcom also appeared to be compounding her statements. In simple terms, compounding occurs when many statements a placed together, when they should remain separate so each one can be individually challenged.
Did he make a mistake by involuntary accepting the papers?
That will be the subject of another article…. and what you will discover will prove the local DA is acting like she and her agents believe they are living in Stalinist Russia.