Archived
How would I word an objection to a request asking me to admit whether a document is compliant with federal law?
Jeffrey's answer
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Answered on September 10, 2016
The short answer: you can object on the grounds that the request calls for a legal conclusion. However, it is important to understand the...
Archived
Plaintiff's attorney failed to issue a summons to us, defendants, in civil court. What should we do?
Jeffrey's answer
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Answered on September 10, 2016
File a motion to vacate judgment. You should hire a lawyer to help you with this filing.
Archived
Does a judge have to recuse herself if you have ask for a motion and it is unanswered before trial begins?
Jeffrey's answer
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Answered on September 10, 2016
There is no basis for recusal, such as a conflict of interest. Since judges have very busy dockets, it takes time to rule on motions before them,...
Archived
Is a request for dismissal of a case effective as soon as its filed?
Jeffrey's answer
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Answered on September 10, 2016
A motion to dismiss (or request to dismiss) is an application to the court to dismiss the case for the reasons stated in the motion. The mere act...
Archived
Will I be given sufficient time to present my case during my arbitration hearing?
Jeffrey's answer
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Answered on September 10, 2016
In short, yes. Although you have not said if this is a labor dispute (governed by a collective bargaining agreement) or a private matter, as a...
Selected as the best answer
Archived
Can a substitute attorney change the names of the defendant to a case by adding
et al after the defendant's name.
Jeffrey's answer
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Answered on September 10, 2016
Et al. is a latin term that means "and another." The abbreviation et al. is added to the name of the person first mentioned, where there are...
Archived
What to do
Jeffrey's answer
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Answered on September 09, 2016
Depends on the circumstance. In discovery, it means that a person so identified has information that is relevant to the action and is a potential...
Archived
Plaintiff has not provided evidence to support his claim. Do I file a Motion to Dismiss or a Motion for Summary Judgment?
Jeffrey's answer
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Answered on September 09, 2016
Motions for summary judgment are most often filed after the close of discovery. Motions to dismiss are directed at the sufficiency of the...
Archived
Can I file an Amended Complaint in federal court after a successful Motion of Reconsideration against a Motion to Strike?
Jeffrey's answer
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Answered on September 05, 2016
Are there other defendants in the action? Was the defendant who was stricken the only defendant in the case? If there are other defendants in the...
Archived
Should I file a Federal Rule 59e Motion, or go straight to Appeal a Judge Magistrate’s Order that no longer hears my case?
Jeffrey's answer
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Answered on September 05, 2016
Your presentation does not include when the decision was made. Under the Federal Rules of Civil Procedure, Rule 59(e), "A motion to alter or amend...
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