James Robert Fletcher II’s Answers

James Robert Fletcher II

Dunwoody Probate Attorney.

Contributor Level 9
  1. How many days do I have to respond to/oppose a motion for continuance in Gwinnett County Georgia ?

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. Scott Thomas Bushnell
    2 lawyer answers

    In the Georgia State and Superior courts, a party typically is afforded 30 days after service to respond to a motion, under State and Superior court rule 6.2. Note that, for service made by regular mail under OCGA 9-11-5, that an extra 3 days may be added to the time to respond, but that service is deemed made on the day the motion is deposited in the mail (not when you receive it). In State court, if the hearing is held sooner, then the deadline to respond is the day of the hearing. These are...

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  2. When someone has been served with a nonparty discovery and responds to such can they then later be added as a party?

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. Paula Jeanette Mcgill
    3. Paul Y. Lee
    3 lawyer answers

    Generally speaking, the Court may add the non-party spouse as a party defendant, if the plaintiff can show good cause for doing so. The mere fact that the facts were discovered through a non-party request for production should not bar adding the non-party as a party defendant, at a later time. The Georgia Court of Appeals has held that the "adding or dropping of parties requires the exercise of a discretion by the court." See Robinson v. Bomar, 122 Ga. App. 564, 567 (1970). Whether...

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  3. Can I Object to a Motion for Continuance and at the same time File a Motion to Dismiss or Summary judgement ?

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. Scott Thomas Bushnell
    3. David Wayne Chowins
    3 lawyer answers

    You may generally join arguments in one document, but I recommend separate documents in this circumstance. Nothing is really saved by joining a response to a motion for continuance in the same document as a motion for summary judgment. A motion to dismiss generally focuses upon the sufficiency of the complaint, or raises an argument such as a defense to service of process, a statute of limitations, etc. A motion for judgment on the pleadings generally takes into account both the...

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  4. Does judicial estoppel apply to foreclose and later statement of financial stability?

    Answered about 3 years ago.

    1. James Robert Fletcher II
    1 lawyer answer

    You are on the right track, but technically speaking I doubt the doctrine of Judicial Estoppel will be of help. I will explain why, and also describe two related "estoppel" doctrines. Generally speaking, the doctrine of judicial is applied to preclude a party from asserting a position in one judicial proceeding which is inconsistent with a position successfully asserted by the party in an earlier proceeding. The essential function and justification of judicial estoppel are to prevent the...

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  5. Am I required to mail a copy of the answer to the attorney who is suing me or will he be notified by the Clerk of Court

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. Pamela Koslyn
    2 lawyer answers

    You must serve the plaintiff with a copy. The Summons will list the address. Official Code of Georgia 9-11-12(a) provides: "(a) When answer presented. A defendant shall serve his answer within 30 days after the service of the summons and complaint upon him, unless otherwise provided by statute." Methods of service are listed in OCGA 9-11-5, and include first class U S mail. If you do not serve the Answer within 30 days as required, you may be in default. There is a 15 day window to open...

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  6. Service of process

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. Pamela Koslyn
    2 lawyer answers

    Federal Rule of Civil Procedure 4(c)(3) is relevant in your situation: "At the plaintiff’s request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916." Therefore, it is advisable for you to move the Court to ORDER that the US Marshals make service, if the Court...

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  7. My home will be foreclosed before I can return from out of state to remove remainder of my personal possessions, what can I do?

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. James William Clifton
    3. Glen Edward Ashman
    4. John Gerth Merna
    4 lawyer answers

    Even after foreclosure, a lender is typically required to pursue an eviction before your belongings are removed from your property. You may wish to return to Georgia and retrieve your belongs before the eviction process is complete. Alternatively, I would suggest hiring a moving company or another third-party to move your belongings for you.

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  8. Judge ordered both parties to submit proposed findings

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. James Michael Money
    2 lawyer answers

    Generally speaking, it is common for the Court to adopt orders proposed by one side to a dispute, and not a violation of procedure. The Georgia Court of Appeals has previously faced a very similar issue, and held: "[W]e are aware of no authority holding that an order of a court is to be given less effect if it is drafted by a party, which is in fact a common occurrence. Indeed, we have specifically held that 'once the findings [in a proposed order drafted by a party are] adopted by the...

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  9. How to respond to Eviction notice.

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. David L. Carrier
    2 lawyer answers

    There are defenses available in Georgia evictions. Part of my practice includes representing landlords and tenants in Georgia dispossessory proceedings, including after a foreclosure. Defenses include (but are not limited to)- --That the landlord (here the entity which purchased at the sale, most likely the lender) did not demand possession prior to instituting the dispossessory, in violation of OCGA 44-7-50. --That you tendered payment, which is a complete defense under OCGA 44-7-52. --...

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  10. Media coverage of my arrest

    Answered about 3 years ago.

    1. James Robert Fletcher II
    2. James Michael Money
    3. Christine C McCall
    3 lawyer answers

    For good or bad, you do not have "the Constitutional right to live my life without scrutiny." The First Amendment to the U.S. Constitution provides in relevant part: "Congress shall make no law ... abridging the freedom of speech, or of the press..." On the other hand, a newspaper may libel a person. Newspaper libel is defined under Georgia law as “false and malicious defamation of another in any newspaper, magazine, or periodical tending to injure the reputation of the person and...

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