Archived
Why is it that the defendants, their attorney can lie about the details of an horrific vehicle incident without repercussions?
Jeffrey's answer
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Answered on November 23, 2016
The court of last resort in New York is the Court of Appeals in Albany. So, if the dismissal by the lower court (the Supreme Court) was affirmed by...
Archived
If I have already made a payment agreement with a creditor and someone is still trying to serve me papers what should I do
Jeffrey's answer
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Answered on November 23, 2016
I would add to the answer from the other attorney, that since you have a settlement, you might want to contact the creditor or attorney...
Archived
Can I do jury duty if im related to the person on trial
Jeffrey's answer
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Answered on November 22, 2016
It seems very unlikely. As the others have said, you must disclose the relationship to the court and counsel.
Archived
What should I do and is this real
Jeffrey's answer
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Answered on November 22, 2016
This does not sound real. A quick internet search reveals that the description you provide is similar to a civil complaint phone scam (see...
Archived
Do I have to appear in court if I have been subpoenaed by phone and live in Florida?
Jeffrey's answer
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Answered on November 21, 2016
Subpoena's have to be served by a method prescribed by the rules of procedure in the jurisdiction in which the case is pending. Telephone service...
Archived
Attorney Fees For Sanctions In New Jersey
Jeffrey's answer
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Answered on November 21, 2016
The attorney whose fees are to be paid has the burden of proving the lodestar (time spent x billing rate) spent on the motion. This means that...
Archived
Complete time to receive response to Notice to produce
Jeffrey's answer
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Answered on November 20, 2016
The rules of procedure and of the court answer whether additional days for mailing are added. You can find them online. However, the larger...
Archived
If my ex filed a motion in family court and then withdraws the motion through his attorney
Jeffrey's answer
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Answered on November 20, 2016
You can ask, but it is unlikely the court would grant your request. There is nothing in your description to indicate that the motion was brought...
Archived
Punitive damage calculations based on wealth of the defendant or severity of the mistake/error/forgery/fraud? Who calculates?
Jeffrey's answer
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Answered on November 19, 2016
Punitive damages are awarded only if the trier of fact (either the judge or a jury) finds that the defendant’s conduct that harmed the plaintiff...
Archived
Can I win my case as a nonmovant in response to defendant's msj , or do I need to file for summary judgment?
Jeffrey's answer
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Answered on November 19, 2016
As a general matter, you can file a cross-motion for summary judgment. Whether it is styled as a cross-motion or motion, if there are no material...
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