What is the difference between a Motion for Judgement on the Pleadings and a Motion for Summary Judgement?
Jeffrey's answer
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Answered on March 17, 2017
The difference between the two is significant. A motion for judgment on the pleadings, or a motion to dismiss before fact discovery, is directed...
What is a notice of lodging
Jeffrey's answer
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Answered on March 13, 2017
A "notice of lodging" means that the document was not filed with the court and as a result is not part of the official record documents. Typically,...
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FRCP 34(b)(2)(B) - see below, how do obstructionist get away without providing a reason?
Jeffrey's answer
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Answered on March 13, 2017
As my colleague noted, the way to prevent them from not responding is to make a motion to compel. Before you make the motion, however, you have to...
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The subpoena forms don't have a space to enter the room number
Jeffrey's answer
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Answered on March 10, 2017
You can hand write the room number in the form. It is not required.
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Can I file a motion to dismiss WITH a request for default judgement?
Jeffrey's answer
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Answered on March 10, 2017
Since the petitioner failed to comply with the court's discovery order, you can seek sanctions (including contempt). You would do so by motion...
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Pretrial conference-do I need to file pretrial statement/memorandum?
Jeffrey's answer
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Answered on March 10, 2017
Check the judge's rules or individual practices. Judges typically provide guidance in their rules/practices on what they expect. Also, check the...
In Kentucky Circuit Civil Court, how long does a Defendant get to file an answer to a Complaint, AFTER filing a Waiver of Servic
Jeffrey's answer
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Answered on March 10, 2017
While Kentucky’s Rules of Civil Procedure were patterned upon the federal rules of civil procedure, they are not identical. Under Rule...
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Can I issue subpoenas?
Jeffrey's answer
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Answered on March 10, 2017
Please refer to the New Jersey court system's website regarding subpoenas. (http://www.judiciary.state.nj.us/superior/subpoena.html). Here is a...
When does court have Jurisdiction?
Jeffrey's answer
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Answered on March 10, 2017
Subject matter jurisdiction is conferred on the court by statute not the parties. The term refers to the court's ability hear and rule on the...
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Are the documents contained in the defense's pretrial submission the only evidence they will present?
Jeffrey's answer
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Answered on March 10, 2017
Generally, the rules require the parties to identify the documents that they intend to offer as evidence at trial. Having said that, parties can...
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