Archived
Is not admissible evidence not allowed at trial or can it be argued not to be used in a motion or similar event?
Richard's answer
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Answered on June 07, 2017
If the evidence is not admissible there is a reason. Such evidence has limited or no value even in a motion. Reason: It may be tainted,...
Who is deposed first--plaintiff, defendant, or whoever first receives the deposition notice?
Richard's answer
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Answered on June 05, 2017
In the past, defendant typically demanded written discovery--including depositions--of plaintiff first (sought when when filing his'her answer) and...
I notice that the NY Homestead Exemption protects you in bankruptcy but does it also protect you from personal injury lawsuits?
Richard's answer
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Answered on June 02, 2017
The New York homestead exemption applies to bankruptcy filings. More than that, it is geared to protect a debtor's personal residence, not a...
Archived
I am filing bankruptcy and I have 5 lawsuits against people who owe me money, what happens if I win money from them?
Richard's answer
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Answered on May 30, 2017
Speak in confidence with an experienced NJ bankruptcy attorney about all of your assets and liabilities, income and cash flow, BEFORE you file...
Archived
I want to give my mother money to buy a condo (as a primary residence) and she just finished a Chapter 7 Bankruptcy.
Richard's answer
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Answered on May 30, 2017
Post-petition gifts are not per se discloseable. The rule you may be thinking of pertains to inheritances within six months of filing. On the other...
Archived
Do I owe for attorney charges incurred after my civil case was dismissed?
I never signed retainers for him to continue.
Richard's answer
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Answered on May 28, 2017
Mr. Nathanson is correct. A lawyer-client relationship is one of principal-agent. It typically is not contingent on the outcome. The legal work...
Archived
If a named defendant in a civil lawsuit was not deposed during discovery period, would they be able to testify at trial/hearing?
Richard's answer
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Answered on May 28, 2017
It is not required but typically employed. Deadlines can be extended upon consent or with court order.
Archived
Reasons to schedule a conference?
Richard's answer
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Answered on May 25, 2017
If by "conference" you mean a court conference the answer is almost certainly no in the first instance. Parties should avoid involving the court...
Archived
Motion to Compel in New Jersey
Richard's answer
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Answered on May 25, 2017
Civil litigation often proceeds slowly. Absent prejudice, the Superior Court for Atlantic County will likely entertain the motion to compel....
Archived
Does a jdc have to serve me with a summons/complaint first?
Richard's answer
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Answered on May 21, 2017
In order to vacate the judgment you need to go to the court where it was originally issued and file an order to show cause demonstrating both...