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Michael Allan Rosenhouse
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Michael Rosenhouse’s Answers

7 total

  • In an answer, are claims made in a defense considered testimony by the defendant?

    Defendant answers complaint and cites in his defense that he was domiciled in another state at the time of cause of action and thus personal jurisdiction does not apply. Can the contents of the claim be submitted at trial as evidence of the defend...

    Michael’s Answer

    There's not enough information to answer your question effectively. How the statement in the pleading can be used at trial may depend on what specifically you are trying to prove or disprove. Whether the pleading was "verified" (sworn to) might also make a difference.

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  • Am I actually divorced? If I am not can I file an appeal to have my annulment reinstated?

    Unfortunately my ex filed for divorce on me in syracuse where I do not live but I was only given the summons and complaint along with the sworn barriers to remarry. The divorce has taken its time and I was told it was dismissed because he did not ...

    Michael’s Answer

    This appears too complicated for a quick answer. An attorney could help you get copies of the relevant papers, reconstruct what happened, and advise you accordingly.

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  • Can a pro se litigant be represented at a trial by another non-attorney pro se advocate?

    I have been conducting a pro se foreclosure case for my wife for the past six years. Up until now, all litigation was filing motions etc. I did go into court once and spoke for her, but it was not a trial. We are now moving towards a trial. Can I ...

    Michael’s Answer

    I join the others in saying this appears to be unauthorized practice of law, i.e., the judge will not, or should not in any case, let you, a non-attorney, represent a party. Being a party's spouse doesn't matter. .

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  • Stay pending appeal

    Received divorce order and decision but not judgement wife seeking to garnish my pay. Can I get a temporary stay pending appeal ?

    Michael’s Answer

    Is the judgment in enforceable form? A stay pending appeal must generally be requested by motion -- in the trial court first. In many cases, it will not be granted without some type of bond or other security for the judgment, and maybe not even then. Maintenance and a lump sum award may be treated differently.

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  • Any way to overturn a vacated judgment?

    A laundromat lost almost all of my clothes, and wouldn't pay me, so I took them to small claims court. They did not bother to show up to the first session and I have video proof of the owner saying "I did not bother trying to fix this or showing u...

    Michael’s Answer

    It's true that courts don't like default judgments but in your case it does seem that the judge should have at least allowed you to present your evidence (if you had it there with the proper foundation) to contradict the defendant's testimony as to how and why the default occurred. If you had your evidence there and it was in proper form and with proper foundation, and all this and the judge's ruling against you are on the record, filing a notice of appeal (to argue that excluding your proffered evidence was erroneous) might give you some leverage in dealing with the defendant. Of course, it doesn't matter if you're sure you're going to win the second time around anyway. I don't think there's any way to recover for the wasted time, unfortunately.

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  • Best way to cover an appeal.

    I need a lawyer but the case may go to appeal. Are the lawyers different from a lower court case and for an appeal to the lower court case? Someone told me it was a different type of skills and one needed then 2 lawyers but that sounds expensive a...

    Michael’s Answer

    Some attorneys who handle trial work may not want, or may lack the skills, to do an appeal. An appellate attorney can give the case a fresh look, but, unlike the trial attorney, will also need to review the record in order to learn what happened in the trial court.

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  • I want to sue the attorney of record for malfeasance and misrepresentation what do I do now to protect my right to appeal now?

    I had a split verdict at the end of a personal injury lawsuit. the verdict was split. the jury found con ed guilty for negligence but no monetary award was issued. the attorney stated we would appeal and after 3 motions to extend the appeal no lon...

    Michael’s Answer

    In order to win an award of damages in a malpractice suit against an attorney, you would need to show that you would have prevailed had it not been for the attorney's mistake.

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