Stephen J. Kennedy's Answers

Do objections to ER 904's need to be filed with the King County Superior Court?

I'm assuming from your question that you DO intend to object to exhibits in the ER 904 notice, and to serve that objection on all other parties. The question is: Do you need to FILE the objection with the Court also? Note that under ER 904(b), the notice from the other party designating their ER 904 exhibits is required to be filed with the Court. Yet ER 904(c) does not say anything about filing the objection. The best course, when the answer is unclear, is to serve AND file.

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What exactly is taxable cost??

In most cases, each party to a lawsuit must pay their own attorneys' fees -- even if they win the case at trial. One of the exceptions to this rule is where the Court determines that a lawsuit was frivolous. In your case, it sounds like the defendant won, and then claimed that the lawsuit was frivolous and asked for an award of reasonable attorneys' fees. And the judge said no. However, the party that wins a lawsuit is often entitled to an award of "costs" which are defined by statute....

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Any attorneys in the area who work with non-profits? I am looking for advise on By-Laws, Governance (operational activities).

My law partner. Peter Haller, has experience in this area. He's been on the Board of Volunteers of America for quite a while, and he just revised some endowment fund bylaws for private school client. Our firm is based in Portland, but Peter and I are in the Seattle office. 206-623-4711 Steve Kennedy

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Served papers

In general, under Washington law, legal process in a civil case against an individual can be served on any person of "suitable age and discretion" who, at the time of service, is a "resident" at your "usual place of abode." Assuming that the service occurred at your usual residence, and that your 12 yr old also lived there, the question is whether the 12 yr old is a "person of suitable age and discretion." One Washington court held that a 15 yr old foster daughter was of "suitable age and...

How do i become a class member of certified class action suit against countrywide

If the class has been certified by the court, the certification order would typically define who is included -- and who is not included -- in the class. Frequently, a "Notice of Class Action Suit" will be sent to members of the class, giving them a choice whether to (1) remain "in" the class (usually, by doing nothing) or (2) "opt out" of the class by returning a form stating that you don't want to be part of the class. Did you receive such a notice? If so, read it carefully and follow the...

Under which ferderal rule of motion to re-open a civil case.

Was a judgment issued by the federal court? Take a look at the Federal Rules of Civil Procedure, including Rule 59 ("New Trial; Altering or Amending a Judgment") and 60 ("Relief from a Judgment or Order"). Without knowing more facts, it is difficult to say whether either of these rules would apply, but I would suggest you start there. Also be sure to review the LOCAL federal court rules in your jurisdiction.

What can i do about a neighbor that calls police on us for absolutly no reason at all the police arrive and find no reason to be

If the same neighbor has called the police regarding your activities 20-25 times in a two year period, and the police have on each and every occasion determined that you were doing nothing wrong, I would think that the police department would have done something about your neighbors by now. Have you EVER had music playing (loud or otherwise) when the police arrived? Did you turn it down as soon as they arrived? Have the neighbors ever called the police regarding loud music when you were not...