Which way do I go a civil, small claims or criminal case for a issue of slander, defamatory, emotional distress and lost wages.: I am a service installer, during one of my installation I was involved in a accident when I was approached with racial comments and threats. I called the police on the individual, the police questioned both parties. The individual told the police that I pulled out a razor blade on them. The officer said he wrote up what we both said but, he explained to me that he didn't believe the comments of the individual. But he didn't what to arrest anyone because if he took him then he would have to had taken me also. An he would talk to anyone in my company to let them know I didn't do any of these things. Plus the customer I was installing said they to would tell anyone I needed them to tell also. There was a neighbor that said they heard everything and my supervisor was also there too.
Gregory's answer: To fully answer yur question I would need to know a little more detail. First, what was the relationship between you and the other party? The legal dynamic changes a little if this person is a family member of your client, a co-worker, a supervisor, your client or a random passerby. Second, what are your damages; what losses did you suffer as a aresult of this incident? The Small claims court can only hear cases of $5,000 or less. If you want to pursue criminal charges then you will need to persuade a prosecutor in your area to bring charges against this individual. A regular civil case can be a big undertaking. Most civil cases can take up to two years to resolve. You will need to be able to prove what was said and that is caused you harm. You will also need to prove each element of the loses you are claiming. Most attorneys will take these types of cases on a contingency. You should consult a lawyer and see what he/she thinks after they have had a chance to learn all the details.
How is a witness list handled by probate? Are all witnesses deposed in court, atty's office?: I was named executor of a friend's estate but the will is being contested by a family member. I want to familiarize myself with the process and how the depositions are handled. Can I be present when witnesses named by the contestor (not sure if I spent that right) are being deposed?
Gregory's answer: Generally speaking, all discovery is done outside of the court, including depositions. There are some exceptions, those are rare when it comes to depositions. And, as has already been stated, you may attend every deposition, and you, or your attorney, have the right to cross examine every witness deposed. Will contests are rarely straightforward and you may find an attorney experienced in this field very helpful. If you want to do this alone then you will want to review the pertinent portions of Title 45a of the Connecticut General Statutes, http://www.cga.ct.gov/asp/menu/statutes.asp . You will also want to familiarize yourself with the rules of practice and procedure. The State offers some basic information that you can use as a starting point, http://jud.ct.gov/LawLib/Law/probatelaw.htm .
Mised family court date: My 18mos old and I are sick. I missed my court date due to illness and taking her to doctor appt today. I notified her father who is the opposing party. Now is he is threatening that I show on court asap or else my child will be taken away. We are both ill, what am I supposed to do? The court date was for contempt(both of us filed against eachother) and he also filed for mdification of custody order and seeks sole custody. When I called the court this AM they told me to notify him. Are his threats of me getting arrested true? Will my child be taken away cause I could not come in? Childs father has promised to make my life miserable in court, is this just part of his bullying?
Gregory's answer: As valid as your excuse for not showing in court may be, you need to keep in mind that the Judges hear excuses all the time and at least some of them are not valid. You should be prepared for a judge to be unhappy that you did not show for your court date. I do not know the details of your case so it is hard to provide an opinion on how your non-appearance will effect your case, if at all. However, it will not look good that you were not in court for a hearing date on joint contempt motions. Be prepared with proof of the doctor's visit and be able to explain to the court exactly why you could not have made it to court and taken your child to the doctor afterwards. As far as the father's threats, they are likely just threats. However, without knowing the details of your case it is extremely difficult to opine on the impact of your failure to attend court. In certain cases a judge can issue a capias (civil arrest warrant) to have a party who failed to appear in court when summoned to appear taken into custody by the judicial marshals and brought to the courthouse. You should also contact the court later in the week to see if any orders were issued in your case.