Archived
Opposing attorney in a federal civil case only produces documents in response to Rule 34 request by snail mail. Is this allowed?
Richard's answer
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Answered on August 04, 2017
Typically, there is no obligation to make documents digitally available if they are not now in native (digital) format. It largely depends what...
Archived
I have a question regarding a lawsuit?
Richard's answer
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Answered on August 04, 2017
That's why it's important to defend and oppose the complaint. If you default and the action is uncontested, you'll have no input and the resulting...
Archived
How would I deal with this injunction?
Richard's answer
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Answered on August 03, 2017
No point asking the same question over and over again and hope for a different answer. You're missing the point of Avvo and are in over your head. ...
Archived
What is my recourse if Defendant discloses my settlement offer to the Court to impugn me?
Richard's answer
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Answered on August 03, 2017
Settlement discussions and offers are protected from disclosure in order to encourage pretrial compromise. They may not be used to impeach and are...
Archived
Will a creditor object to a discharge of a debt if I was scammed into getting the credit in the first place?
Richard's answer
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Answered on August 03, 2017
This may or may not be contested. If it is, you can oppose tge creditors and tell your story. If the court decides against you there is always...
Archived
City tree fell on my house. Can I serve city with notice of claim at the same time I file my small claim with the city court?
Richard's answer
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Answered on August 02, 2017
I would proceed and let City tell it to the judge. If you withdraw the action you may have trouble reinstating it. Let City do the heavy lifting....
Can a defendant use previous court rulings or add case citation in counterclaim?
Richard's answer
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Answered on August 02, 2017
Reports of decisional law are made by referring to the official court publications. In the case of New York Supreme Court precedent, you'd...
Archived
Is it a conflict of interest for a court officer in the special civil part to serve someone that they know personally?
Richard's answer
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Answered on August 01, 2017
They can serve process so long as they are unrelated to the party being served.
Archived
Emergency motion?
Richard's answer
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Answered on August 01, 2017
You can file an OSC or choose to submit a detailed response to the motion or file a cross-motion. In any case, you'll wish to request oral argument...
Can I get a lawyer after filing as prose' in NJ Special Civil Court?
Richard's answer
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Answered on August 01, 2017
Yes, you can arrange to engage an attorney to appear for you in NJ Special Civil Part after initially filing pro se.