Is service of summons and complaint defective if the complaint is missing an attachment referred to in the complaint?
John's answer
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Answered on February 27, 2013
I would call opposing counsel to see if they simply forgot the attachment in the service copy and get it. Whether that happened, or they also...
Archived
Evidence objection
John's answer
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Answered on February 27, 2013
I agree with Mr. Chen - a motion in limine is the procedure. However, I would note that if your question is hypothetical (the party has not yet...
How much punitive damages can I ask for on my complaint form?
John's answer
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Answered on February 27, 2013
A complaint is not supposed to state the amount of punitive damages sought (if you state an amount, it's subject to a motion to strike).
Also,...
Archived
We (myself and 5 others) need an attorney to sue someone who videotaped us in the bathroom.
John's answer
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Answered on February 26, 2013
I agree with the other lawyers. Sometimes it's best to let the criminal system play its role. The civil system is not meant for every situation,...
Archived
Request for Production of Documents
John's answer
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Answered on February 26, 2013
You can also ask opposing counsel to send you a CD with all the produced documents (if you get a hard time about copy/postage costs, which I doubt).
Archived
Trial coming up. Witness not available.
Does hearsay apply when I talked to an attorney for the other side?
John's answer
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Answered on February 26, 2013
This is confusing. You want to admit a statement that a potential witness told the opposing attorney -- and that the opposing attorney later...
Archived
What are documents consider as strong evidence can send a person to jail if he didn't pay my money back on time ?
John's answer
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Answered on February 26, 2013
I agree with the other lawyers. And, always consider getting security/collateral before loaning money.
Archived
Is it legal for a third party to with hold the name of a person who has made an slanderous accusation against me
John's answer
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Answered on February 26, 2013
You would have to have an active lawsuit to compel any third party to speak (via a deposition).
Archived
Small claims papers filed on 11th, just now being served today??
John's answer
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Answered on February 26, 2013
The procedure is correct. A plaintiff files its claim, the clerk opens the case, gives it a case number/judge, etc., and then the last step is to...
Archived
In filing a motion to compel further responses in state court, Is it acceptable to cite federal cases instead of state cases?
John's answer
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Answered on February 25, 2013
You should cite state cases and code.
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