Joseph Lars Rockne's Answers

I am answering a motion for a summary judgement against me. I want to know can I later amend my answer, to improve it.

Most likely not. However, there is most likely oral argument and you can clarify your position at the hearing and answer any questions that the judge may have.

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Can a court award attorney's fees to someone who proved undue influence and/or lack of capacity?

In Washington State there are statutes which would allow a court the ability to award attorneys fees in situations such as you've described. There may be statutes in Florida, designed to protect against the abuse (including financial exploitation) of the elderly that provide for attorneys fees. The heirs should be aware, however, that the usual rule is that if one side is entitled to an award of attorneys fees, the other side would be as well. That means if they don't prevail, they might...

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Litigation question on ethics

Such conversations often lead to settlement. However, you should be wary that the opposing side might be getting coached by their attorney. Before making a final agreement be sure to have your attorney review the terms.

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I am a pro se litigant in an arbitration and the other side will not honor my request for Docs or admissions properly served

I would follow up, again. I would follow up with a phone call and then document the phone call with an email and letter. "Just to confirm what we discussed....bla bla. If I have not accurately summarized our conversation please let me know immediately." I would print these all out. I would file a second motion with the arbitrator and ask for sanctions. Specifically, I would ask that they not be allowed to present any evidence or documents that are not disclosed. If you need the...

What does this mean ?

It means that ANY conceivable claim you might have against the other party would be waived and you would not be able to bring it in any future action. This would likely even include claims that you are not currently aware of.

With or without prejudice?

You would want to dismiss the case, without prejudice. That way you can refile the case in the future. (Provided the statute of limitations has not barred your claim). If you do refile your case in the future, you might be obligated to pay attorneys fees to the defendant for the work that was done on this case. You would need to review the civil rules for your jurisdiction to answer that.

Lawsuit

If the defendant has not filed a counterclaim, then the plaintiff can dismiss the lawsuit on its own motion. Often without prejudice (meaning they can refile later).

Can a default judgement in civil court be retried?

Default judgments, in certain limited circumstances, can be set aside. But it is difficult and if you delay they will not be set aside. You should contact an attorney immediately.

Is correspondence accepted as evidence in a civil trial?

If the correspondence is relevant or contains relevant information, they most likely will be admissible. Objections to its admissibility might be based on hearsay, confidentiality or best evidence rule. I would recommend that you review all the correspondence to determine which ones contain relevant information and then determine if there is a specific objection to its inclusion in evidence.

What are my options if my lawyer does not show up at my first court hearing tomorrow?

Request a continuance. (I'm not sure what type of hearing you have). Explain to the judge what has happened and that you will be retaining another attorney. (And filing a complaint with the bar association)