Try this 5-Minute Trick to Thwart Falconi!
Petulant News Reporters.
What’s a parent to do?–when petulant news reporters start filing motions in the midst of your family law case?! Family court is headache enough already — without the added stress of petulant news reporters! Srsly!–what can you do? Ever consider filing a motion to strike? Under Rule 11(a)?
“I’ve successfully used Rule 11(a) to strike Falconi filings — and I’ll do it again.”
~~ T. Matthew Phillips, Esq. ~~
NRCP, Rule 11(a).
Rule 11(a) provides all pleadings “must be signed by at least one attorney of record … or by a party,” [Rule 11(a)]. And thus, Rule 11(a) forbids Falconi and his attorney from signing pleadings in other people’s cases. Why?–because, of course, Falconi and his attorney are NOT “parties” or “attorneys of record” in other people’s cases.
The Signature Requirement.
If you, in your custody case, were to object to a proposed media order, neither Falconi nor his attorney may file papers responding to your objections. Why?–because neither Falconi nor his attorney are legally eligible to sign papers in your case. Again, Rule 11(a) requires that all papers filed into your case must be signed by either: (i) an attorney of record, or (ii) a party, [Rule 11(a)]. And thus, with no eligible signature, all attempted filings by non-parties — as a matter of law — “must” be stricken, i.e., for lack of eligible signature, [Rule 11(a)].
Unsigned Papers.
It’s legally *impossible* for non-parties to affix signatures on papers filed into your case. And, with no legal ability for non-parties to sign papers, all non-party filings are thus deemed unsigned papers — and pursuant to black-letter law — “[t]he court must strike an unsigned paper,” [Rule 11(a)]. Et, voilà!
Unsigned Papers Must Be Stricken.
Simply stated, Rule 11(a) provides that — where papers filed into a case bear no signatures from parties or attorneys of record, such papers are deemed unsigned — and must be stricken. Yeah!–it’s that simple! 😀
No Judicial Discretion.
And, here’s the best part — there’s no room for judicial discretion! The reader will note, Rule 11 relies on the verb *MUST* — as in, “[t]he court MUST strike an unsigned paper,” [Rule 11(a)]. Capisci?
No Rule 11 Sanctions.
Note also, the Rule 11 “certification” applies only to parties and their attorneys of record; therefore, news reporters and other non-parties, as a matter of law, cannot certify pleadings in your custody case. And, perhaps more significantly, non-parties cannot be subject to Rule 11 sanctions motions, which effectively prejudices the parties by making inaccessible a powerful litigation tool.
No Jurisdictional Basis.
When all’s said, despite your best efforts, a judge may ultimately allow camera access in your custody case; however, there’s still no legal basis for news reporters to engage in motion practice in your case. And, if the judge sets a briefing schedule that allows news reporters to submit briefs, then demand that the judge identify the jurisdictional basis that allows non-parties to engage in motion practice in the midst of your case. (Spoiler alert: it doesn’t exist.)
Know Your Rights.
Remember, under Nevada law, a news reporter may do only one thing, i.e., make media requests — and that’s it, [SCR 230]. Whether camera access will impair the parties’ right to privacy or a fair trial — is a matter between the parties and the court. Petulant news reporters, as a matter of law, lack standing to engage in motion practice in your custody case. #KnowYourRights
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