Chapter 12 - EXHIBIT 12A • FICTIONAL TRANSCRIPT

• Jurisdiction: Colorado

EXHIBIT 12A • FICTIONAL TRANSCRIPT

FICTIONAL TRANSCRIPT

The following is a fictitious example of a transcript from a non-contested quiet title action. Judges differ in how they handle such cases, but this transcript is perhaps typical.

COURT: Case No. XXCV1209, Sterling Ranch, Inc. v. Kincade, et al. Is the Plaintiff ready?

MR. CARPENTER: If the Court please, I am Willis Carpenter, that's C-A-R-P-E-N-T-E-R, my attorney registration number is 359, and I represent the Plaintiff, Sterling Ranch, Inc. Plaintiff is ready, your Honor.

COURT: Is there an appearance for any of the Defendants?

[No response.]

MR. CARPENTER: None of the Defendants has appeared in this action, your Honor, with the exception of one disclaimer.

COURT: Proceed, counsel.

MR. CARPENTER: This is a quiet title action, your Honor, and it appears that it will not be contested.

The Court's file should reflect, your Honor, that personal service was obtained upon Defendants Rose and Kurt Kincade and that they have not appeared in this action; that Defendant Onsite Corporation has filed a proper disclaimer; and that as to all of the other named Defendants after diligent efforts none could be located to be served personally and, therefore, upon motion of the Plaintiff, this Court issued its Order granting the Plaintiff leave to serve Summons by publication. All of the other named Defendants were so served. Publication was had in the Jefferson County Flyer, a legal newspaper published in Golden, Colorado. The Summons was published on five successive Wednesdays and the publisher's affidavit is in the file. Plaintiff's Certificate of Mailing is also in the file, evidencing the mailing of process within 14 days after the Order for Publication was entered to the address and last known address of all non-appearing Defendants.

The time for filing an answer to the complaint by all Defendants has expired and no answers have been filed except by the military attorney. Plaintiff was unable to state by affidavit that none of the named Defendants or unknown persons who may claim an interest in this matter is in military service and therefore, upon Plaintiff's motion, this Court appointed Cathy O'Hanlin, an attorney at law licensed to practice in the State of Colorado, as the military attorney representing any of the named and unknown Defendants that may be in the military service of the United States or its allies. Ms. O'Hanlin is present in Court, your Honor.

COURT: Ms. O'Hanlin?

MS. O'HANLIN: Thank you, your Honor. My name is Cathy O'Hanlin, O-apostrophe-H-A-N-L-I-N, attorney registration number 59687, and, as Mr. Carpenter said, I have been appointed by this Court to represent any of...