Archived
As the defendant (tenant) can i file a motion to dismiss and counterclaim to recoup all monies paid to them
Jeffrey's answer
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Answered on January 18, 2017
There is a lot to unpack. Let's start with the forum selection clause. There are two types: mandatory and permissive. From your description, the...
Is it contempt of court to walk out of a courtroom during the proceeding?
Jeffrey's answer
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Answered on January 17, 2017
If you are a party to the proceeding, it would be considered disrespectful and improper. Without permission of the court, you would be exposing...
Archived
Can the magistrate's decision be objected and will I be able to present my side and my counter claim?
Jeffrey's answer
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Answered on January 17, 2017
I agree with my colleague. Try using Avvo's "Find a Lawyer" link.
Archived
If a suit were moved to Fed Court via certification, but dismissed per 12(b)1, no lit. on merits, is it barred by Res. Judicata.
Jeffrey's answer
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Answered on January 17, 2017
A res judicata defense may be asserted when the prior action was decided "on the merits." A dismissal for lack of subject matter jurisdiction is...
Archived
Counsel files a motion to withdraw, then submits a Subpoena along with an "Notice of Appearance". Is she acting as counsel?
Jeffrey's answer
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Answered on January 17, 2017
As my colleague noted, until the judge rules on the motion, the attorney remains counsel of record. Filing a notice of appearance and serving a...
Archived
Do all defendants need to be served to proceed with initial hearing?
Jeffrey's answer
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Answered on January 17, 2017
Yes. All defendants need to be served within the 60 day period. If you fail to serve the defendants within the 60 days and have not received an...
Archived
Can a Superior Court Judge (Family Court) Deny My Motion To Reconsider?
Jeffrey's answer
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Answered on January 17, 2017
The short answer is yes. A judge can deny a motion to reconsider. Judges often give parties representing themselves some latitude with the rules....
What are examples of an implied condition in a contract?
Jeffrey's answer
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Answered on January 17, 2017
You do not provide any factual detail to adequately respond to your question. However, there are a couple of general principles to know. Implied...
Archived
Can my motion for contempt filed before the final hearing be heard after the final hearing.
Jeffrey's answer
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Answered on January 17, 2017
Since you filed the motion, it is before the court. It is up to the judge to determine the sequence of the motion and the final hearing.
Archived
How do I complete the section "I request that the judgement in the case named above be opened because:"
Jeffrey's answer
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Answered on January 17, 2017
There is no magic language to be used. You should be specific with the reasons why the judgment should be vacated. The court is looking for...
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