Is it possible to amend the answer to a complaint? Is permission from the court required to file a supplemental declaration?
Harvinder's answer
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Answered on October 23, 2017
Mr. Doland is correct. Declarations usually are filed to submit evidence to the court in support of a motion or other proceeding. For example, if...
Objections to Report and Recommendation and Motion for Reconsideration are Addressed to Magistrate or to the District judge?
Harvinder's answer
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Answered on October 20, 2017
A motion for reconsideration should be filed with the Magistrate Judge, but be extremely careful to comply with the local rule for such motions. ...
Does a federal court has writ of mandamus jurisdiction over an out of state LEO agency to comply or furnish/answer/explanation?
Harvinder's answer
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Answered on October 09, 2017
I do not think the federal court in State A would have the authority to issue the order you are seeking. You should consider consulting with an...
What is a reasonable settlement amount in a housing discrimination case?
Harvinder's answer
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Answered on September 26, 2017
Your former landlord was required to fairly evaluate your reasonable accommodation request and engage in a good-faith iterative process to make the...
Archived
Mootness/motion to dismiss/motion for default if no answer? How these three are related and affects the case?
Harvinder's answer
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Answered on September 26, 2017
A defendant is entitled to file a pre-answer motion, which may resolve the case without the need for an answer. The court's ruling on the motion...
Archived
Can I send money to my brother in Belize from his own resources if he has fled to avoid class D felony incarceration.
Harvinder's answer
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Answered on September 22, 2017
The prudent thing to do is not send the funds. Financial transactions always leave a trail and law enforcement typically has broad subpoena power...
Defendant's Answer didnt include 12 (b)(6) as an affirmative defense but now they are claiming a 12 (b)(6) ...
Harvinder's answer
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Answered on September 21, 2017
No. Rule 12(h)(2) makes clear that a Rule 12(b)(6) defense may be raised "in any pleading allowed or ordered under Rule 7(a)"; "by a motion under...
Archived
What motions do I file if the other side has submitted inadequate responses to my interrogatories and requests for admission?
Harvinder's answer
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Answered on September 21, 2017
Yes, you would file motions to compel responses, further responses, or production of documents. Good luck.
Archived
How do I go after an attorney that is not my own?
Harvinder's answer
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Answered on September 13, 2017
In addition to referring the attorney to the State Bar, you may consider a motion seeking sanctions. Good luck.
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Archived
Are all federal arrest warrants sealed until executed, regardless of how minor?
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Answered on September 07, 2017
Sealing is routinely requested and granted for the reason specified above, namely to not tip off the defendant. Your friend should not draw any...