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Keith R Rudzik

Keith Rudzik’s Answers

16 total


  • What kind of attorney should I use for help with a judgment against me from ex-in-laws?

    My ex-in-laws won a judgment against me while I was fighting for custody of my son a few years ago. The charges were bogus but I couldn't fight it because I couldn't afford it. Long story short, I lost and have a judgment against me for almost 5k....

    Keith’s Answer

    Attorney Cannella's answer is completely accurate. You can hire any civil attorney to help ensure that the satisfaction of judgment is filed with the court. What we would generally do is have the attorney for your ex-in laws hold the money in escrow until the satisfaction of judgment is filed with the court. If they do not have an attorney, then things might require more oversight and encouragement by your attorney. Certainly, you would have remedies available to you if you could prove that you paid the judgment and they were refusing to file the satisfaction with the court. Good luck!

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  • I have just been served a subpoena for a deposition in a civil suit. Should I be compensated

    I have to drive 100 miles on my own time using my own fuel and also miss a days pay. It just doesn't seem right

    Keith’s Answer

    • Selected as best answer

    We would need more information to answer this question adequately. Where is the case pending? Where were you served? Where do you live? In Connecticut, witnesses (meaning you are not a party to the lawsuit) cannot be compelled to give a deposition in a Connecticut state court case at a location more than 30 miles from his residence in Connecticut. If you are not a Connecticut resident, then you can be compelled to give a deposition in any county in which you are personally served with the subpoena. Lastly, if you are ordered by a judge to appear, you have to appear wherever the judge orders you to appear. Connecticut is a small state, so your 100 mile estimate seems like it must be impermissible (but without information, I can't be definite). If you feel that the lawyer is violating the above rules, you can file a motion for protective order with the Court where the lawsuit is pending. Or you could call the lawyer who issued the subpoena to discuss your concerns about the distance.

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  • What is a Claim for Jury form, and do I need to file one when I answer a law suit?

    I am being sued (along with a bunch of other people.) The lawyer of one of the other co-defenders sent his answer (denial) along with a "Claim for Jury" form. What is this form and is it required when I make up my answer/response? I did not see...

    Keith’s Answer

    Individuals have certian rights including a right to have certain claims adjudicated by a jury (rather than a judge), including most civil actions. In order to exercise that right in a civil action pending in Connecticut Superior Court, one of the parties to the litigation has to claim the matter for a trial and pay the required jury claim fee within 7 days of the joining of the issues that are to be tried. Typically, parties desiring a jury trial will file the Claim for Jury at the time of the filing of the Answer by the defendant. Only one party needs to make the Claim for Jury and pay the requisite fee.

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  • What is a claim for jury form? I plan on representing myself in a law suit.

    I am being sued, (along with a bunch of other people.) I received a copy of the "Answer and Special Defense" from the lawyer for one of the co-defendents. Included was a "Claim for Jury" form. What is this? I see no mention of this in the CT s...

    Keith’s Answer

    Individuals have certian rights including a right to have certain claims adjudicated by a jury (rather than a judge), including most civil actions. In order to exercise that right in a civil action pending in Connecticut Superior Court, one of the parties to the litigation has to claim the matter for a trial and pay the required jury claim fee within 7 days of the joining of the issues that are to be tried. Typically, parties desiring a jury trial will file the Claim for Jury at the time of the filing of the Answer by the defendant. Only one party needs to make the Claim for Jury and pay the requisite fee.

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  • Can i get my engagement ring back from my girl? she refuses to give back my ring.

    we were engaged for bout 40 days and i knew i made a mistake now she wont return the ring

    Keith’s Answer

    Your question is very general and I am not certain whether all of the material facts have been disclosed. I assume for purposes of your question that both you and your ex-girlfriend reside in Connecticut.

    The law in Connecticut regarding your situation is in flux. About 50 years ago, the Court of Common Pleas decided that whether the donee had to return the engagement ring depended on the relative fault of the parties. Thus, if you did not carry through with your promise to marry her, you would be considered at fault and could not recover the ring.

    The modern view is that fault should not be a factor in determining who keeps an engagement ring. Rather, the gift of the engagement ring is a conditional gift, the condition being the subsequent marriage of the parties. If the marriage does not take place, the condition has not been met and the ring should be returned to the donor (regardless of fault).

    In a recent Superior Court decision, Thorndike v. Demirs, the court adopted the modern no-fault rule and compelled the donee to return the ring. If you file a lawsuit seeking return of the ring, there is authority supportive of your position. Moreover, the majority of states are adopting the modern no-fault rule. I do not know whether you will ultimately prevail, but the law is favorable to your position.

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  • If i co-operate with a lawyer on a subpeona i received, can he cancel the first time and date and move it to the next day???

    i was subpeona to appear in court on a 10/28. i spoke to the lawyer who i was subpeona by and he told me i needed to be there at 2 p.m. he then called at 1:30 p.m. and told me that i did not have to appear at 2 p.m. he said that i needed to come o...

    Keith’s Answer

    Yes. You are still required to appear. In Connecticut, the subpoena power is broad and encompassing. The attorney who subpoenaed you probably used the form language as suggested by statute: "By authority of the state of Connecticut, you are hereby commanded to appear before the .... court, to be held at .... on the .... day of .... or to such day thereafter and within sixty days hereof on which the action is legally to be tried, to testify what you know in a certain civil action pending in the court, between E. F. of H., plaintiff, and G. A. of M., defendant." Conn. Gen. Stat. 52-144 (2009). By its very terms, the subpoena is valid not only for the day of the trial, but also at any day thereafter within 60 days. In other words, you are "under subpoena" for up to 60 days. The reason for the rule is that trials are unpredictable. Witnesses' testimony may last longer than anticipated, issues may arise mid-trial, etc. Therefore, rather than having a state marshal serve a subpoena every day, the subpoena is valid for up to 60 days after the initial date.

    It is possible that the attorney is taking advantage of the situation. Common professional courtesy would ordinarily compel an attorney to let witnesses know as soon as possible whether they will be needed for testimony on the date on the subpoena and/or whether it can be scheduled for a different and mutually acceptable time (and acceptable to the trial judge).

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  • Going to court for reckless driving charge in state of conn. 94 in a 65. how do i plead and have no lawyer.

    clocked at 94 in a 65mph. have no lawyer. didn't think i needed one. but now i'm not sure what to plead when i go in to court tomorrow. first offense ever. ??

    Keith’s Answer

    At your first appearance, you should ask for a continuance so that you can contact a criminal lawyer. The motor vehicle and criminal dockets in Connecticut are very much controlled by the state's attorneys. They are usually fair about requests for continuances and will allow the first one. You likely will not even have to appear before the judge and enter a plea at your first appearance. In Connecticut, the prosecutors will meet with criminal defendants and their attorneys, if they have retained one, for a period of time in the morning prior to the judge tending to the criminal/motor vehicle docket. They are amenable to resolving charges in a variety of ways.

    The retention of a lawyer will obviously enhance your ability to negotiate a favorable result. There are also a couple of diversionary programs in Connecticut for first time offenders. Accelerated Rehabilitation is a diversionary program that will result in a dismissal of the charge after a period of special probation (usually two years). This program you can only use once! I would not be the least bit surprised if a prosecutor tried to get you to use the program on this charge.

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  • HI my name is barbara, My question is, can an attorney make you do a video deposition if you don't wanted to.

    My friend was made to do the deposition. I thought you only have to do a deposition,when on the death bed. Can a person get penalized for not doing it. And do we have to signed and who have to pay. doing a filming a deposition cost of lot of money...

    Keith’s Answer

    Barbara,

    In Connecticut, the procedural rules governing depositions allow for parties to conduct videotaped depositions. The party who is seeking your deposition has to pay for the deposition to be videotaped as well as the court reporter's appearance fee. That requesting party also has to pay for the transcript from the court reporter for every other adverse party.

    You can get penalized for not doing the deposition. If you are a party to a lawsuit, the notice of deposition is the equivalent of a discovery order, the violation of which could subject you to sanctions. If you are merely a witness, you likely had to be subpoenaed to attend the deposition. In the event that you do not obey a subpoena, you can be sanctioned and, in some instances, a judge may issue a capias seeking your arrest.

    If there is some reason that you do not want to be videotaped, such as the only reason for the videotape is to harass or annoy you, you have the option of filing a motion for protective order with the court where the case is pending. Good luck!

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  • How can a charge be added my a prosecutor without an officer being present?

    My fiance was recently charged with evading responsibility after leaving an accident scene (he hit a retaining wall leaving a bar). He was issued a warrant fo rhis arrest which was just for evading. He responded to the warrant only to find out t...

    Keith’s Answer

    In Connecticut, a warrant can be issued by a Court if the court determines that the application for the warrant filed by the prosecuting authority demonstrates probable cause that a crime has been committed. The warrant is not the "charging" document. By charging document, I mean the statement of the prosecuting authority's allegations against your boyfriend---what offense/crime he is alleged to have committed. All misdemeanors, violations and infractions must be prosecuted by Information or Complaint. Most of the DUI and evading charges in Connecticut are prosecuted by a charging document known as an Information. A prosecutor can add charges to an information even though not on the arrest warrant. As both of the prior lawyer's have stated, your boyfriend needs to contact a criminal defense attorney ASAP. There is likely sufficient evidence to support a conviction for both crimes. If he cannot afford one, the public defenders in most geographical areas of Connecticut are highly skilled and capable. There is also an Alcohol Education Program in Connecticut for first time offenders, but your boyfriend sounds like he would not qualify for the program due to his prior DUI conviction. Importantly, your boyfriend should also seek counseling for alcohol abuse for his own sake (and possibly such initiative will help in plea/charge bargaining).

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  • Ineffective assistance of counsel claim

    Do I have to be incarcerated to file a Ineffective assistance claim of counsel (2255). I am currently under home confinement.

    Keith’s Answer

    The Writ of Habeas Corpus is an extraordinary remedy. It permits collateral attacks on a conviction. One such grounds for the remedy is the claim of "ineffective assistance of counsel." The deprivation of legal rights is essential before the Writ of Habeas Corpus may be issued. Thus, a successful petition challenges the lawfulness of a "detention" or "custody". The terms "custody" and "detention" in the context of the federal writ of habeas corpus is not limited to situations when you are incarcerated. Restraint or deprivation of liberty is the key. I am not certain what you mean in your question by "home confinement", but if you are deprived of your ability to leave the house as a result of your conviction, you would most likely be able to file a petition for the Writ of Habeas Corpus. Whether you have a valid ineffective assistance of counsel claim cannot be answered from the limited information in your query.

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