copy of declaration for continuance and stay of order

Motion


I respectfully ask the court to grant a Continuance, per RCW ________, of 1 month so I am able to obtain evidence which I was not aware I would have available.

I am requesting an Emergency Stay of the current Order, until I have New Trial, because it bans and blocks me from using the public offices of the State Social and Health Services,


Declaration in Support of Continuance
(for New Trial)
and Request for Emergency Stay pending
New Trial


Argument and Description of Facts:

I was told yesterday by civil court clerk Shannon, that a hearing could be held addressing one or more matters, today, the 16th of July, which is 2 days after I missed a hearing because I didn’t get notice. I went to the courthouse yesterday on the 15th to request an emergency stay of the current order until New Trial, and was told I couldn’t appear ex parte. However, emergency stay is one case where an exception to the rule is granted, and ex parte is allowed. I am not ready to defend on the main issues of Erickson’s petition but would argue for Stay if a hearing is allowed at 3 p.m., today, as proposed to me yesterday. If no hearing is held and no modification to the current order is made today, I am forced to go to federal court for an injunction and hope to resolve some part of this matter without having to inconvenience all parties with an addition requirement of making response to another court.

I could not have known, prior to the date on which Ms. Erickson filed an Anti-harassment petition, that she would then contradict herself in a hearing, under oath. I have to a right to obtain this evidence prior to the trial for harassment. Recently in court, Ms. Erickson testified under oath that I was never observed harassing anyone and denied a guard was in place at the state offices because of harassment.

This statement was made on audio recording and I’m able to use this to prove my claims that I’ve not harassed anyone, including Ms. Erickson.

Because I am Pro Se, I am without sufficient funds to produce and replicate this evidence until I am paid on the 1st of the month of August. I should then be able to afford the costs to reproduce the materials for the court. I am also waiting for Rivercom and other police records which will prove my claim and these have not been turned over to me yet, even though I filed a public records request over a month ago, for another matter.

I was told the case would be set back because of my request for a new judge, and did not have notice of any change until I discovered I had missed the hearing because someone forgot to set it back so I was able to see who the judge was, if there were any conflicts, and be able to give them discovery prior to a hearing.

I filed a Motion with a few requests and one is for New Trial and the other part was to Stay the current Order or modify it until the New Trial can take place.


I am requesting an Emergency Stay of the current Order, until I have New Trial, because it bans and blocks me from using the public offices of the State Social and Health Services, when I have not had a chance to prove I’ve never harassed anyone. It is also unconstitional to ban someone from a public place where they must receive public services. Erickson’s offices are not in the public lobby where I go and they are also not in the visitation room, where I visit my son. If the Stay is in place and is not taken down or modified, I am liable to be arrested for trying to access services that I currently receive there, and blocked from visiting my son.

I am also requesting an Emergency Stay of the order to not write about Ms. Erickson on my blog, as I did not have a chance to show the court Erickson took statements out of context and they were not about her. I have never threatened Erickson in any way. If I have written anything offensive, it is not against the law, and it is a violation of free speech to ban anyone from writing or saying something “offensive” about an individual in any public or private forum.

Should I not be granted a Stay at the State level this Friday, or refused a hearing for this matter, or an Ex Parte Order or modification, I will be required for injuction in Spokane at the federal courthouse. This is an additional burden and cost to me which I feel is reasonably avoided by addressing it on the State level.

Thank you.

Sincerely,



Cameo L. Garrett