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If I lose in small claims court, what are the costs besides the amount being sued for?
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Answered on May 01, 2012
The prevailing party generally will not be entitled to attorney's fees. However, if there is a contractual attorney's fees provison awarding...
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How can I oppose a Motion to Compel discovery responses and when is the opposition due?
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Paul's answer
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Answered on May 01, 2012
If the opposing party declines to take the motion off calendar after you provide the responses, make sure your opposition includes not only a...
Can a Subpoena "duces tecum," be served on a "party," (individual) and not a "business," to produce documents, statements, etc.
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Answered on May 01, 2012
The norm is to serve a request for production of documents if you are trying to obtain documents from a party to the lawsuit. You could serve a...
Should memorandum of costs be served on opposing party?
Paul's answer
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Answered on May 01, 2012
See below regarding memorandum of costs.
"Rule 3.1700. Prejudgment costs
(a) Claiming costs
(1) Trial costs
A prevailing party who...
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Is the standard/criteria for the criminal prosecution and civil lawsuit the same for assault case?
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Answered on May 01, 2012
The goal of a criminal prosecution is protect the public and achieve justice. A criminal defendant can be sentenced to jail, and sometimes ordered...
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How long does the opposing side have to serve you once they have filed a response in a civil matter? Is there a time frame?
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Answered on May 01, 2012
If by "response" you mean a response to a complaint, typically a response in the superior court in California is due 30 days from the date the...
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Police report has incorrect description of what happened during car accident?
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Answered on April 30, 2012
Contact the officer who prepared the report and in a professional manner point out the discrepancy in the report. Be armed with detailed facts...
Can I get fired for venting to my boss via text messages after work hours for how I'm being talked about at work?
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Answered on April 30, 2012
Texas, like most states, is an "at will" employment state. An employer can terminate an employee for any reason or no reason. However, there are...
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Can I sue for malpractice?
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Answered on April 30, 2012
You can sue but whether you can recover anything depends on (1) whether the hospital's conduct fell below the standard of care and if so, (2)...
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I received a New York "subpoena duces tecum." If I'm out of state, do I need to respond?
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Answered on April 30, 2012
If the subpoena was validly issued and served, you will need to comply. Even though the suit is in New York, the New York law firm that wants the...
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