Archived
If my 14 year old pleaded guilty in court for shoplifting, do we stand a chance at avoiding payment of the civil lawsuit?
Kathleen's answer
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Answered on August 18, 2012
If the merchandise was recovered, I cannot imagine what damages anyone is thinking the company could obtain. That does NOT mean, however, that you...
Archived
Motion for summery judgment
Kathleen's answer
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Answered on August 15, 2012
You said that your case is in federal court. In most jurisdictions, there is an unwritten "rule" (in some it is expressly provided) as to how many...
Archived
Is there an appropriate time to offer or demand settlement during litigation proceedings? If so, send a letter or just call?
Kathleen's answer
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Answered on August 08, 2012
Communicating a settlement demand or offer is good practice so that when the judge asks at the next status conference, "Where are we on settling...
Archived
How much time before hearing does defense attorney have to identify witnesses or share documents they intend to use as exhibits.
Kathleen's answer
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Answered on August 08, 2012
This answer is different in every jurisdiction and indeed, in every proceeding. If a trial, the trial judge will have issued an order stating how...
Archived
What form does one fill out and turn in when service was attempted but unsuccessful?
Kathleen's answer
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Answered on August 08, 2012
I agree that the rules can be complicated, but a declaration of attempted service is a good thing if you're trying to document that the person is...
Archived
If you are pro per can a witness list submitted as an individual document be handed to the other attorney by me? TRO/RO issues
Kathleen's answer
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Answered on July 31, 2012
Anything that needs to be served can be served by hand-delivery, and it should note that on the certificate of service. The question is whether or...
Archived
Judgment satisfied. Lawyer claims interest miscalculated. So they want more
money... even thought the judgement was paid off.
Kathleen's answer
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Answered on July 31, 2012
I would tell them it was their responsibility to prepare the judgment and they made the mistake. This is not a legitimate debt. You don't owe...
Archived
Some one moved out of my house 2 weeks ago and have not returnd for ther belonging what am i legaly supposed to do with it
Kathleen's answer
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Answered on July 31, 2012
This depends on what the lease (if any) specifies, and -- without a lease -- what your relationship with the person was (or is). If she was a...
Can the court take judicial notice of a government website? Is there a certain case I can site?
Kathleen's answer
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Answered on May 18, 2011
Although I think it depends on the facts of the case, I would suggest that the answer is generally Yes, and I would cite Denius v. Dunlap, 330 F.3d...
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