I assume the interrogatories are meant to identify sources of assets to satisfy the judgment. It seems that your instincts are correct - I would...

Can we file default w/out a hearing or not?

It is best to file a motion for a default judgment as directed by the court. The notice should set a return date for the motion. If the court...

Can I repeat requests for admission in a subsequent request if the original response was lack of knowledge

No. You should not repeat requests for admission. If the responding party gave a lack of information or knowledge as the reason for the failure...

As the plaintiff can I dismiss a small claim without prejudice the same morning of the hearing?

In short, yes. A plaintiff can always voluntarily withdraw a claim without prejudice and file in another court. Note that sometimes the defendant...

The better practice is to file each motion separately. In this way, each motion can be briefed, argued and ruled upon without confusion. You can,...

Can i obtain a motion of discovery for an old case i had and did not get one?

In short, no. The failure by a party to make a discovery motion is not appealable, even if made timely. Nor is it a basis to make a motion to...

Is what the defense counsel did a criminal act or a misdemeanor. What should I file with the court?

You should advise the court that the added material was not agreed to as part of the joint submission. In doing so, you should include your...

There is nothing you can do if the other side refuses to continue negotiations for a possible settlement. You should be prepared to litigate your...

Can a judge say explicitly one things and go back and mean another?

The short answer is yes. While judges rarely do this on their own accord, when faced with a motion to clarify their prior ruling, judges will alter...

Selected as the best answer

You have the right to pursue your claim(s) on your own. It is called opting out. You can choose to do so at any time (before or after a class is...