Can post judgment motion for relief from judgment and motion to recuse be filed at the same time to prevent a bias judge to seek a different judge to review the motion for relief without bias?
In some cases, you must file your post-judgment motions concurrently. In most cases, one motion can be captioned and recite the bases for all post-trial relief. But, a judge is not only permitted, but is required to be "biased" one way or the other by the evidence at the end of a trial. That is not grounds for post-trial motions. Don't miss the timing for your Notice of Appeal.See question
I have an open case of child support, we have an agreement, and I am making my payments on time, but they still denied my passport renewal. Can I take a cruise closed loop with the certificate of citizenship only?
If you leave the country, you will need your passport -- or a significant intervention by Homeland Security -- to get back in. As they say, "Don't leave home without it." Other forms of identity will not work to get you back in without a struggle, and, as a directly related matter, the cruise line isn't going to let you board if they may not be able to de-board you.
Consider a Mississippi River cruise. I hear they are nice.See question
So if I had a website in a non US country that enables people to meet up to exchange money but an equivalent exchange in the opposite direction takes place in my country, do I need a license to run such a website in the United States. My website i...
This sounds like a brilliant modernization of a very, very old system, probably first used by the Knights Templar, and possibly used in the Middle Ages by trusted networks of Jewish merchants. But, the gloss of the digital millennium age may slide right past the equally modern gloss of anti-terrorism efforts. My gut tells me that you can do this if you describe it correctly and limit the entity's involvement to collecting a commission for exchanging the names of trading partners and barring dirty players... call it the eBay model. There are many more risks to research if you follow the Uber model or if you engage in the money exchange. With all the banking reporting being cumulative, you'll need to do compliance like a bank if you handle money. But, particularly in third world countries with restricted currencies and even in less traded currencies, I believe there is a demand for such services.
Regardless, these are just some preliminary thoughts. If you can't afford the fairly minimal fees to research this, you surely won't be able to afford the criminal retainer after the indictment.See question
I lost a civil case in state district court. Then I filed a post trial motion 60(b)(4) motion for it in a Federal district court that is in the same state. The federal district court ruled that the judgment was void. When I am looking at the cha...
I agree with my colleagues: your question cannot be correct. My best guess is that the Federal Court found that your motion should be removed from the docket. The only way I know to get the same case from state to federal is Removal, and you were way too late for that. Federal courts trump State courts under the Supremacy Clause.See question
The beneficiary wants her legal fees paid seperately from her inheritance so she filed a creditor claim in hopes that her claim will be paid before and seperated from her inheritance. She did not provide any services prior to her father's death. I...
In DC, a lawyer performing services for an estate can be compensated from estate assets. If it is a post-1995 decease and an unsupervised probate, the personal representative can review and approve the bills. The services provided before the death are not relevant to this, though lawyers, like anyone else, can file a claim against an estate for services rendered to the decedent during their life. If the beneficiary here retained the services of the lawyer to represent herself, but she wishes to secure that payment from her share of the estate, the correct name for that pleading is called an Assignment. There are restrictions, and a motion may be required if the representation is on-going.See question
She is also a beneficiary on her mother's estate and filed a creditors claim to pay her legal fees.
First, the answer is "yes." At least in DC, anyone can file a claim against an estate after paying a fee and following the correct procedures. But, I think you are trying to ask whether a specific claim for legal fees will be honored by the appointed personal representative (PR) and ultimately paid. I need to know more before I could reach an opinion on that. Generally, only a lawyer who performs services for the benefit of an estate is entitled to payment from the assets of the estate. If you are a beneficiary, and you become the PR, you can select the attorney performing services for the estate and pay him or her from the assets. If your attorney assisted in representing you against the estate, then the fee comes from you, but, under some circumstances, you can secure it using an Assignment.See question
I'm an heir to my family home.I have two cousins that are also heirs to the property I'm. Trustee of the property.The cousins are not cooperating with the quit claim
There are times when "lawyer-ese" should be recognized as a useful language. This is one of them. I need to know whether this is an estate or a trust issue. If the property has a trustee, then it is titled to a trust, and, if you are the trustee, you can do whatever the trust instructions tell you that you can do (within the constraints of the Law). Usually, conveying title to real estate is included in the trust powers, and, subject to review by either lawyer or a title agent, you are good-to-go without the your cousins cooperation. But, then, you can't be the heir to a trust. Trusts have beneficiaries, but no heirs. If your cousins and you are heirs to the decedent -- your mother -- then the personal representative of the estate can convey deed. If the death was after 1995 and the decedent was a resident of DC at the rime of her demise, then there is no requirement to seek a bond or file a petition to sell. Just proceed. Your cousins can express their "say" by filing for a supervised probate. If, OTOH, you aren't the personal representative or one of a dozen other potential issues occur, you will need to address them. You might be better served to sit down with an experienced lawyer and discuss the issues so that the ambiguities aren't bigger than the case.See question
Supreme court has defined standard on determination of judicial act in context of judicial immunity. It clarified that judges have judicial immunity for an act that is performed within their official capacity. Let's assume a scenario, where a st...
I again agree with my learned colleague, Mr. Isquith, but I add what you already know: falsifying a transcript would be improper. It would be quite serious. It is a ministerial act, and a judge is usually not immune from process as to a ministerial act. Thus, there is a writ of mandamus, and, if I recall correctly, one of the most famous cases in US History, Marbury v. Madison, was a suit to compel a judicial officer to deliver commissions to magistrates. In your case, nnothing is going to happen concerning the putative transcript alteration unless you can prove it. Your opinion on the matter won't be evidence. But, the place to make that claim is the judicial ethics panel of your state. That will get you no remedy, but may get a bad judge off the bench. If the transcript supports the appeal (as in the judge told the reporter to falsify the transcript while on the record), an appeal might be efficacious.
I did hear something very close to this once in 32 years, and I concluded later that it wasn't obstruction of justice. If the judge disagreed with what you thought you heard on the transcript, and, maybe, even, if the judge ordered the transcript edited for some sensitive, immaterial point -- such as deleting a social security number or leaving off a minor childs name), it is the judge's role to make that kind of ruling. So, if you disagree, you object at the time and move to preserve the tape (which is probably preserved anyway), and you appeal. The appeal panel can listen to the tape itself.See question
This question is related to supreme court interpretation of immunity afforded to court reporter.
I'm with Mr. Isquith on this one: huh? DC Superior reporters are, I believe, still employees of the court, so, while I doubt they have judicial immunity, they might. But, Supreme Court, sovereign immunity, and the rest of the question doesn't make any sense. The reporter is a clerical functionary, and DC Superior tape records all proceedings. If the tape doesn't match the transcript, bring it to the judge. I'm not sure; these days, you might even be able to file the sound bite with the e-filed motion to correct. But, the only liability I can think of would be intentional perversion of the court record due to some motive, like corruption. I did once hear an allegation that some judge in a different court was editing his daily transcripts. That would be quite serious, I think, but I don't know how you'd prove it.See question
A plaintiff won a frivolous lawsuit since the judge was biased. The civil court also violated subject matter jurisdiction.
I'm not sure whether you are misusing terms and the other counsel are therefore misinterpreting your question. A defendant can file a claim against a plaintiff in the same court or even the same lawsuit. It is called a counterclaim. Often, the defendant's claims against the plaintiff MUST be filed because the counterclaim is mandatory because it arises out of the same body of facts. If you were the plaintiff in the frivolous lawsuit, the defendant can file a claim for an intentional tort, like abuse of process or malicious prosecution in the same court, though I would think most courts would require that to be filed in a different case. If I have interpreted your question correctly, you need to appeal the judgment if you still can, because you are at grave risk. Otherwise, you will be estopped from arguing that the prior case is anything except what the judge already decided.See question