The court ordered therapist in my case said I cannot subpoena her without paying her an upfront fee. By law if she is issued a subpoena doesn't she have to appear regardless of being paid an up front fee?
In a Colorado civil case, if you have a subpoena served properly upon a witness and pay the statutory witness fee, that witness is compelled to appear in court at the designated location on the set date and time. If you are calling an expert witness and expect him or her to testify in an expert capacity, the fee will ordinarily be more than the statutory fee and will be negotiated beforehand. Under Rule 45, C.R.C.P., the issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. In a criminal case under Rule 17, Crim. P., things are slightly different:
Failure by any person without adequate excuse to obey a duly served subpoena may be deemed a contempt of the court from which the subpoena issued. Such contempt is indirect contempt within the meaning of C.R.C.P. 107. The trial court may issue a contempt citation under this subsection (1) whether or not it also issues a bench warrant under subsection (2) below.
(2) Trial Witness -- Bench Warrant.
(A) When it appears to the court that a person has failed without adequate excuse to obey a duly served subpoena commanding appearance at a trial, the court, upon request of the subpoenaing party, shall issue a bench warrant directing that any peace officer apprehend the person and produce the person in court immediately upon apprehension or, if the court is not then in session, as soon as court reconvenes. Such bench warrant shall expire upon the earliest of:
(i) submission of the case to the jury; or
(ii) cancellation or termination of the trial.
(B) Upon the person's production in court, the court shall set bond.See question
I was just asked by my ex husband (that I mistakenly quit claim deeded the house to in 2011), to resign a new quit claim deed for his refinance. The mortgage broker is asking this of me. Its unclear why a new one would need to be signed? Am I stil...
Assuming that the original quitclaim deed contains correct information and was properly recorded, I can think of no reason why you should have to sign another for anyone, including a mortgage banker.See question
I live in a big apartment complex since 6 years and have had the same PAID parking space since I moved in. My parking space was assigned by the management of the apartment complex, and happens to be a handicap parking space even if I'm not handica...
A peace officer may enforce the reserved-parking-for-people-with-disabilities-law on private property notwithstanding any provision of law to the contrary. However, you should try to talk to the judge (or parking referee, as the case may be) about your particular circumstances.See question
We ordered a house and it's almost ready. 3 weeks ago we met with builder and point on some things we don't like, such as broken glass on windows and etc. He promised to fix it. If they don't fix it before closing my husband don't want to sign a c...
If you ordered the house, somebody already signed something, probably a contract. The terms and conditions of that contract are probably the key to answering your question. Building contractors typically will fix defects and mistakes on a "punch list" within a reasonable time. Unless the problems are severe or the contract allows you to reject the house or delay closing over the small items on a punch list, you will probably get sued for damages or specific performance if you try to back out. You might want to have an attorney review your contract(s).See question
Background check states; Arresting Charge: "CHARGE LITERAL: ASSAULT 3RD DEG FACTUAL BASIS: DOMESTIC VIOLENCE TYPE/LEVEL MISDEMEANOR" I took a plea bargain. further states; Court Charge: "CHARGE LITERAL: HARASSMENT STRIKE/SHOVE/KICK TYPE/LEV...
Conviction of any "misdemeanor crime of domestic violence" disqualifies you from from lawfully possessing firearms for the rest of your life under federal law. If you know that your conviction was not supposed to be recorded as domestic violence related, you will need to take steps to correct the criminal justice record.See question
Police officer sees beer box and one beer through front door window, later learns that there is no one over the age of 21 because of loud mouth friend. Does this satisfy the plain view exception to a search of a home without a judge warrant? Was t...
Yes. Based upon the totality of the circumstances you describe, the officer's entry was lawful.See question
Can an executor of a will withhold an estate due to the reason that the executor is wanting property that is owned by the person receiving the estate? If this is not allowed what are the penalties for the executor? This has been a 2 1/2 year pro...
You have not provided enough information. Either you wrongfully possess property which belongs to the estate or the lawyer/executor could possibly be acting improperly. Penalties vary. Impossible to tell from your description. Perhaps you should talk to an attorney.See question
The biz may kind of work like a lottery, contest, sweepstakes. But NOT be, officially. They must read terms, disclaimer before they fund. Like, not guaranteed, not tax deductible, not a sweeps, lotto or contest. Its a group fund. People would gif...
Uh, yes. Before you do anything else, do yourself a favor and thoroughly research the phrase, "Ponzi scheme."See question
Will I be able to purchase or be in possession of a firearm if i have a permanent protect order from a roommate? I was charged with harassment and not sure if it is a domestic violence harassment charge as it is only a misdemeanor.
Not sure?! You need to KNOW whether or not it is a conviction for domestic violence harassment. If so, then no, you may not possess firearms under BOTH federal and Colorado law, specifically 18 U.S.C. § 922(g)(9) and C.R.S. § 18-6-801, respectively.See question
I live in Colorado and have a passion for building, I also love guns. I was curious as to if I am legally able to build my own firearm as a minor in the State of Colorado. I've read in different places and understand that you can legally build you...
Colorado law prohibits minors from possessing handguns but not rifles. Contrary to Mr. Kaman's incorrect characterization, the AR-15 rifle is NOT a "fully automatic weapon." It is accurately described as a semi-automatic rifle, no more and no less. Unlike a machine gun, the AR-15 rifle requires a single pull of the trigger for each bullet fired. There is no requirement to register a firearm in Colorado. Colorado's legislature recently enacted restrictions on so-called "high capacity" magazines. There is at least one city ordinance in Colorado which is so poorly written that it is difficult to determine with any clarity whether possession of an AR-15 without a "high capacity" magazine is illegal or not. So, apparently you might (or might not) be able to legally build it, but depending upon other factors, you might (or might not) be able to legally possess it or sell it. The question is complicated. Federal law prohibits the sale of firearms to minors, specifically 18 USC 922(b) which provides in part: "It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age . . . "See question