The Superior Court Judge informed me that if I use an expert witness it would cut into my alloted time to plead my case (civil lawsuit against a neighbor). So I recieved an Affidavit from my witness instead stating the particular facts on a certai...
An affidavit of a witness would be considered inadmissible hearsay. If the witness won't be testifying in court, the most reliable way to get the particular facts into evidence would be to depose the witness and use the transcript as admissible evidence. Here's another more technical and less reliable workaround: If your expert witness relies on the affidavit, the expert could testify about the contents of the affidavit. As far as disclosing the affidavit to the other side, mailing is acceptable but hand-delivery would avoid any argument about whether the other side received the document.See question
I took a company to court for a small personal injury. They wanted to settle out of court, and I agreed. We reached a settlement. Now, they don't want to send me a check until I send them" Signed unfiled copy of dismissal". Is this legal and prope...
A negotiated settlement typically involves both sides in the negotiations to exchange items of value. Here, the company is paying you money; you are providing value by releasing them from further litigation with a notice of dismissal. The timing of when each side exchanges items of value is open to negotiations. The company is asking for a simultaneous exchange of value, rather than one side going first. The arrangement is typical. Good luck.See question
I was beat up by the police and charged with resisting arrest cause they had nothing on me but a ticket for littering not loitering yes littering I singed an open plea for probation I hv video of the lies the officers put in reports
Generally, a criminal conviction limits the types of civil rights cases that you may bring. You need to look at the legal elements of the criminal conviction. If the civil rights claim requires you to prove one of the legal elements of the crime, the civil rights would not be permitted. In other words, you cannot use a civil right's claim that would contradict a previous criminal conviction. Of course these are just general principles, you need to consult with someone about the facts of your case to see whether they apply.See question
My brother died in a crash while being pursued by Chicago police.
Yes, but these are legally and factually complex cases. You may have remedies under Illinois law or federal constitutional law or both. You really ought contact a Chicago area lawyer. This firm has a good national reputation: http://www.loevy.comSee question
There is a case from another state, not AZ, that is very similar to mine, in that case the defendant won. So I would like to site case in opposion of summary judgement.
Yes. While judges likely will not be bound to follow cases from foreign jurisdictions, they may review them and find their reasoning persuasive.See question
Looking at options in a civil case
Juries decide facts. Judges decide law. If the parties agree on the important facts, a jury is not needed. The judge can apply the facts to the law and reach a quick, direct-- hence, summary-- judgment. A motion is a party's written request for a judge to take action. A cross motion means that both parties are asking the judge to decide the same issue in their favor. Frequently, a cross motion for summary judgment is brought when the parties largely agree on facts but disagree on the correct statement of law or which facts are relevant for the judge to apply.See question
A doctor did a surgury for my mom in her neck and then after a month from the surgury date he called her again to re do the same surgury saying that tow of the screws he put in her neck had fall off although my mom is an old lady 73 year old disab...
Not all poor results are the result of medical malpractice. Sometimes patients get poor results despite the doctor acting appropriately. To have a medical malpractice case, you will need to show that the doctor fell below the standard of care and caused an injury. I'm not sure from your post what you believe the doctor did incorrectly.See question
RAYMOND WAS KILLED ON AUGUST 21ST, 2013 BY A HANDFUL OF PHOENIX POLICE OFFICERS ON A MISSION. SPECIAL ASSIGNMENTS TASK FORCE WAS MISLEAD BY A PACK OF LIES, TOLD BY A VENGEFUL EX-GIRLFRIEND. WHEN ALL WAS SAID AND DONE RAYMOND DIED IN A HAIL OF...
Generally, the use of deadly force by police officers against a non-violent person is unconstitutional, and, if proven, could be the basis for a successful civil rights claim. But these are difficult cases. The law protects police officers in many ways from civil suits. It's also often difficult to establish plaintiff's version of exactly what happened unless there's videotape, credible eyewitnesses, or clear physical evidence. The chances of success on this claim will be highly fact dependent. You need to contact an attorney with experience in police misconduct cases.See question
I was hit by a drunk driver that was convicted of felony dui in the accident. They are insured with AAA. In order to increase the money I get I'm hoping it is possible to reduce the amount of the lien. OR is the amount due to the ER non negotiable...
Yes. Personal injury attorneys routinely negotiate with lienholders to accept reductions in claimed lien amounts. You would likely benefit from hiring an attorney to assist you.See question
I read the rules about changing judges. If I file other papers at the same time is the current judge going to handle the case? Also how do I find out if the judge is rotating?
You should pay special attention to Ariz. R.Civ.P. 42(f)(1)(D), to see whether the papers you intend to file might be interpreted as a waiver of your right to notice the judge.See question