Getting up to speed: Strength beyond numbers

A popular saying goes: “The wheels of justice grind slowly, but they grind exceedingly fine.” 

This speaks to the unwritten but commonly accepted rule that suggests that justice may be slow, but it will come eventually. In our reality, we simply cannot accept this and let things move as they will without us lifting a finger.

Here at Save Our Children, the key to our success lies in the fact that we all agree that coming together bearing the same interest and seeking just compensation from a common adversary is the only way for us to win our individual battles. We’re all small fry, but when we come together, when we are strong in our numbers, then we’ll give any big fish a run for their money.

So the question is whether we can do something to get things moving sooner rather than later –  or make the wheels of justice turn right away. How do we switch on the engine that basically makes the case move forward? How do we ensure that we’re not contributing to delays?

In a recent Zoom meeting, we had a number of interested parties come over and listen to an update, which really is a reminder that as participants in a mass suit, we can all do a whole lot more than just sympathetically count ourselves in with each other’s cause.

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In the meeting, Save Our Children Truth Commission Executive Director Melody Janelle shared an Order of Dismissal that informed of the exclusion of a number of people from a class action suit – a turnout that could have completely been avoided. 

If you find that a case is being lodged against a number of defendants (people whom you wish to seek damages from), and you feel that you wish to be a part of the corresponding group of plaintiffs (the mass of complainants against the defendants), then you should know that the justice system follows a certain process.

On our side, we’re the plaintiffs. We are the ones seeking compensation for an injustice that the government has inflicted upon us. But to get things moving, each individual who wants to be a part of the plaintiff’s side must submit a motion to intervene. The legal experts have weighed in, and when it comes to such motions, there are 4 requirements that have to be met.

1. The application to intervene must be timely.

  • You need to show that your inclusion comes at the right time, especially when the proceedings have not even started with discovery yet. Your coming in must not slow things down.

2. The applicant must have an interest in the subject matter of the underlying action.

  • Your inclusion should be based upon the fact that your constitutional rights have been violated, and that you deserve to be heard in court.

3. The denial of motion to intervene would impair or impede the applicant’s ability to protect its interest.

  • You have to argue that without your intervention, you will lose your ability to defend your rights. Being a part of the lawsuit by way of intervention is your only chance.

4. The applicant’s interest is not adequately represented by the existing parties to the litigation.

  • You must establish that none of the existing parties who are already part of the suit can represent you. Perhaps your individual grievance is a bit different from others who are already part of the suit. Maybe you have evidence that only you and nobody else can provide.

The ones who were excluded from the suit weren’t able to fulfill at least one of the requirements stated above. If you want to be a part of the suit, you really need to write it out in your motion – and you must do this diligently. 

Now here’s where we must emphasize something that you already know: Our strength lies in our numbers, which means that when more of us are included in the mass suit as plaintiffs, the more evidence we’re bringing in. This increases our chances of winning. The sooner we get this done, the faster the resolution becomes. Believe us when we say that properly writing our motions to intervene – by addressing the mentioned requirements – will ultimately make us more winnable.

There’s something good that the justice side is doing, too – and this is in the interest of saving time. For instance, there’s a precious tidbit that was mentioned in the same Zoom meeting.

Traditionally, when a plaintiff wants some form of documentation to be filed officially, the documents have to be done in multiple physical copies, with one copy going to the clerk, and as many copies going to each of the defendants as there are. If you had 12 defendants of interest, they would each have to be served – which is something that has to be proven with a certificate of service. Finally, justice has realized that this is a rather cumbersome process that only causes a lot of delays.

Because of the Court’s Case Management/Electronic Case filing system, the delays have totally been eliminated. So long as you file the documents to the clerk electronically, everyone who needs to be served will get notified. Without the need for a certificate of service, we can all get right on to the case proceedings.

Now if justice is doing what it can to save on time and mitigate delays, why can’t you? It’s all a matter of you doing your part in writing your motions well. You only need to do it correctly one time.

There’s no denying that our strength lies in our numbers. But if all we’re doing is sitting around talking amongst ourselves without educating ourselves on how the administrative aspect of justice works, then we’re not doing sufficiently. Strength beyond numbers means that it’s not enough that we’re all just counted in on a common sentiment. It also means that we do the work – just a minimal amount of it anyway.

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