PEOPLE'S LEGAL FRONT
BECAUSE THESE ARE NOT THE TRADE SECRETS OF ATTORNEYS
IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI
THIRTY-FIRST JUDICIAL DISTRICT
ASSOCIATE DIVISION XXIII
) Case No. 398MU0065
REQUEST FOR COURT ORDER TO COMPEL ATTENDANCE OF WITNESSES
AT DEPOSITION AND MOTION FOR SANCTIONS
COMES NOW Robin C. McDermott, defendant, and prays for a court order
to compel the attendance of witnesses for deposition and to move to sanction
the Assistant City Attorney, Ron Dirickson, and subpoenaed witnesses for
failure to obey summons to depositions. In support of these requests defendant
offers the following:
WHEREFORE defendant prays this honorable court issue an order under its
authority to compel the attendance of witnesses previously subpoenaed to
deposition in this case on a date for which defendant will provide proper
notification to all parties, under penalties as provided by law for failure
to appear and disobeying a subpoena. Defendant further prays the court
to move to sanction Assistant City Attorney Ron Dirickson and the City
of Springfield by and through its Assistant Attorney for unlawful interference
with a subpoena by charging the City of Springfield to reimburse the expenses
defendant has incurred for the depositions Mr. Dirickson prevented and
to charge the City of Springfield the cost of the subsequent depositions
to be scheduled as outlined above.
On 10 February 99 defendant filed notice of depositions with this court
and provided copies to all interested parties.
Subpoenas were sent out under seal of the court, by certified mail, return
On 11 February Assistant City Attorney Ron Dirickson by first class mail
sent subpoenas to other witnesses in the above-styled case to appear at
depositions which defendant had scheduled for 15 March 99 at 1 p.m.
Defendant, at no time, received any notice from Assistant City Attorney
Ron Dirickson of his intent to depose witnesses at the scheduled deposition.
On 15 March 99 Assistant City Attorney Ron Dirickson and defendantís subpoenaed
witnesses, save one, failed to appear at depositions as scheduled. However,
the witnesses subpoenaed by Assistant City Prosecutor, Assistant Greene
County Prosecutor, Robert Asperger, and the court reporter appeared for
Telephone contact had with Assistant City Attorney Ron Dirickson at 1:15
p.m. revealed that Mr. Dirickson had informed all of defendantís subpoenaed
witnesses that they were released from subpoena to deposition as Mr. Dirickson
had filed on 15 March 99 a Motion For Continuance scheduled to be heard
18 March 99, notice of which was faxed to defendant by Mr. Dirickson at
approximately 12:30 p.m. on 15 March 99, though defendant was not aware
of this notice until after the time for deposition.
Assistant City Attorney Ron Dirickson makes no such claim of release concerning
informing the witnesses he subpoenaed and was entitled to release. Report
of those witnesses is that no information as to release from subpoena was
had prior to defendant relating this information to them at approximately
1:30 p.m. after conversation with and on advice of Mr. Dirickson.
The defendant has incurred expenses in the scheduling and preparation of
depositions that the Assistant City Attorney effectively though without
authority, prevented, in the amount of $250.
Defendant has been denied disposition of the charge against her for over
fourteen months due to the continued reluctance of the City of Springfield,
by and through its Assistant City Attorney Ron Dirickson to bring this
case to trial.
Defendant has made formal assertion to her right to fair and speedy trial.
Robin C. McDermott, pro se
1601 North Waverly Avenue
Springfield, MO 65803
NOTICE OF HEARING
On March 18, 1999 at 9:00 a.m. or as soon thereafter as defendant may
be heard, the foregoing REQUEST FOR COURT ORDER TO COMPEL
ATTENDANCE OF WITNESSES AT DEPOSITION AND MOTION FOR SANCTIONS will
be called for hearing and determination in the above
SO NOTICED: ________________________________
Robin C. McDermott
CERTIFICATE OF SERVICE
I hereby certify that the a complete and accurate copy of the foregoing
instrument was mailed to Assistant City Attorney Ron Dirickson, postage
paid, 625 North Benton, Springfield, MO 65806 on 15 March 98.
SO CERTIFIED: ____________________________
Robin C. McDermott
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