Note: This affidavit and the exhibits are as submitted to the court except that all identifying information for my wife has been replaced with her first name, Karyn, as the normal references on my web pages are to first name only.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs.

For completed forms, hand written text is transcribed for easy display, but is generally underlined.

In the Superior Court of Clark County
State of Washington


Karyn

Petitioner   


Brian Patrick Carr

Respondent

Number

04-2-08824-4

Affidavit

for Record

I, Brian P Carr, am the respondent in these matters, have knowledge of the facts of these matters and make the following statements under oath and penalty of perjury.

1. I submitted my Petition on November 12, 2004 before 11AM so that the matter could be heard that day.

2. At 2PM on November 12, 2004 all parties waiting for their Temporary Orders were directed to District Court Room 6 where we waited. On inquiry we were told that the Orders would be distributed after the judge had reviewed them and that we wouldn't actually speak with the judge.

3. At about 4:30PM the Orders were distributed. The person who distributed the Orders appeared to be a clerk of the District Court and explained that the Petitioners should not ask the other clerks about the status of the Orders as the petitions are reviewed by the various District Court Judges as they were available and repeated questions to the clerks just slow the process.

4. My petition was denied. The clerk mentioned the judge (referred to as he) said that it was not appropriate unless the stalking/arrest was repeated.

5. After the denial of my Petition, I inquired at the District Court Clerk's office as to the process of appealing decisions of the District Court and ordered a copy of the transcript of the hearing of October 27, 2004. Exhibit A is a copy of the tape request.

6. The CD should have been completed by November 19, 2004, but was not completed until the afternoon of November 22, 2004.

7. On the morning of November 23, 2004 I went to the District Court Clerk's Office to pick up the CD and file the Notice of Appeal. I picked up the CD without incident and inquired where I would file the Notice of Appeal.

8. I was directed to the Cashier's station where I placed the Notice of Appeal (Exhibit B is a copy of the Notice of Appeal) in front of the clerk. The clerk did not look at the Notice of Appeal but asked me for $150 cash. I commented that I thought it was $110 as I was counting out $150 and was told that it was $40 for the transmittal of the transcript. I replied that that was good as I had completed that form as well (Exhibit C is a copy of that form).

7. After I had counted out the required funds, the clerk still did not look at the Notice of Appeal but instead looked away at another person (perhaps her supervisor) and informed me that she could not accept the Notice of Appeal as it was a Superior Court matter.


Affidavit for Record, December 24, 2004

1

8. I replied that the Decision appealed from was definitely made by a District Court Judge and that, as such, she should accept the Notice of Appeal from that Decision. However, if it was a Superior Court Decision, then I would adjust the Notice of Appeal as necessary to file it. At that point another woman was called in.


9. That woman explained that as the case was already a Superior Court matter I could not appeal to the Superior Court. Also, I could not appeal to the Court of Appeals as the decision only had the signature of a District Court Judge. The only thing that I could do was submit a Motion to Revisit so that the matters could be heard by a Superior Court Judge. On that basis I completed the Motions to Revisit which are already included in the record.


10. While I did not get the names of the various women that I dealt with, they are presumed to have been clerks working in an official capacity and I could identify them as necessary by sight.


I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. I also certify that this affidavit was prepared personally without the advice of any attorney and that I understand that the court by entering a decree or other order does not relieve myself of the responsibility for any omissions, defects, or inaccuracies in the file or matters presented or any consequences resulting therefrom.



December 24, 2004
Dated

Vancouver, WA
Location
 ________________________
Signature of Respondent
Brian Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556

Petitioner

Karyn


Affidavit for Record, December 24, 2004

3

TAPE REQUEST

I hereby request a copy of the following court tape(s)/CD(s) of which a pre-paid cost of Ten Dollars ($10.00) per tape and Twenty Dollars ($20.00) per CD is required. I understand the tape(s)/CD(s) will be copies only after payment is made in full.

Carr, Brian
RESPONDANT'S NAME

Judge Melnick
JUDGE

10-27-04
HEARING DATE(S) 		04-2-08824-4
CASE NUMBER(S)

CRT 3 RAM
TAPE/CD NUMBER(S)

NO. TAPES ______X $10.00 = ___
NO. CDs ____1___X $20.00 = 20.00
               AA
PERSON TAKING ORDER



NAME OF APPLICANT: Brian Carr
ADDRESS: 11301 NE 7th St; Apt J5
Vancouver, WA 98684

TELEPHONE: 360-607-0556

Brian P. Carr
APPLICANT'S SIGNATURE
 Nov 12, 2004
DATE
RELATIONSHIP TO DEFENDANT: spouse

COPIES ARE MADE WITHIN THREE (3) TO FIVE (5) WORKING DAYS. THEY MUST BE PICKED UP WITH THIRTY (30) DAYS.

Exhibit A

3

In the Superior Court of Clark County
State of Washington



Karyn

Petitioner   


Brian Patrick Carr

Respondent

Number

04-2-08824-4

Affidavit

for Record

The Appellant, Brian P. Carr seeks review by the Clark County Superior Court of the decisions rendered in District Court under Case Number 04-2-08824-4 entered on October 15, 2004 and October 27, 2004 and Case Number 04-2-08908-9 on November 12, 2004 in the above named court. The parties in the two cases are the same and there is no reason to treat them as separate matters.

The type of case appealed is an Order For Protection, Domestic Violence and Petitions for Order for Protection. I am appealing the granting of the Orders of October 15, 2004 and October 27, 2004 as there were not the required allegations of domestic violence or threats of domestic violence or stalking (in accordance with the relevant statutes). It was an administrative error to assign a new case number to the Petition of November 12, 2004 as RCW 26.50.060(4) authorizes 'the realignment the designation of the parties' and the parties and court are otherwise the same. The Petition of November 12, 2004 should have been granted as it met the statutory requirements for allegations of domestic violence. Further, the declining to issue an Order for Protection was defective as the court did not state in writing on the order the particular reasons for the court's denial.


 ________________________
Signature of Appellant
Brian Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556

Respondent:

Karyn


Exhibit B

4

In the Superior Court of Clark County
State of Washington



Karyn

Petitioner   


Brian Patrick Carr

Respondent


Case No. 04-2-08824-4


DESIGNATION OF THE RECORD
ON APPEAL

TO:     Clerk of the District Court

Please prepare the following documents and exhibits for transmittal to Superior Court:

[X]     A copy of Petition

[ ]     A copy ofthe Court Docket

[X]     A copy of the electronic recording logs.

[X]     Copies of the following documents and/or exhibits (identify by the title)

Order For Protection, Oct 27, 2004

Temporary Order For Protection, Oct 15, 2002

Petition for Order For Protection, Oct 15, 2002

Petition for Order For Protection - Nov 12, 2004

Temporary Order for Protection - case no. 04-2-08908-9

Record Preparation Fee - $40.00:

This fee must be paid within 10 days of notification that the record is ready to be transmitted.

Dated: Nov 16, 2004

 Brian P. Carr
Slgniture of Appellant
H:\FORMS\Appeals\Designation of Record.doc


Exhibit C

5
This page was last updated on August 28, 2005.