Archived
Must Request for Judicial Notice be stated specifically to be included in the Clerk's transcript of record on appeal ?
Catherine's answer
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Answered on October 05, 2012
Each document filed separately must be on your list to be included in the clerk's transcript on appeal. For example, if you filed a motion,...
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Archived
Is judicial notice necessary for an affirmative defense of judicial estoppel?
Catherine's answer
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Answered on October 05, 2012
No, you do not need to ask the court to take judicial notice in order to plead an affirmative defense. When you need to prove that defense (in a...
Archived
Do I need to provide proof to the judge?
Catherine's answer
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Answered on October 02, 2012
Yes, you do need to provide proof of anything you want the judge to consider. Your testimony is only appropriate regarding things you personally...
Archived
What questions Can I ask the plantiff's lawyer before court. I am pro se and the defendant?
Catherine's answer
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Answered on October 01, 2012
If you do not have a lawyer, then, yes, you may call your ex wife's lawyer and talk to the lawyer. You can even ask for the evidence. Will you...
Archived
Appellant's brief word count.
Catherine's answer
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Answered on September 27, 2012
No. The cover page, table of contents, table of authorities, and the certificate of word count are not included in the 14,000 words. Footnotes...
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Archived
Legal malpractice: Attorney goofed on a critical statute. Should I file a lawsuit, or request arbitration with the State Bar?
Catherine's answer
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Answered on September 26, 2012
Please contact a legal malpractice lawyer. You can find one on Avvo. Discuss these issues with that lawyer. Many more facts are relevant than...
Archived
I was sent an order to show, can I serve the other side via US mail or is personal service required?
Catherine's answer
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Answered on September 26, 2012
If you were ordered to serve notice of the OSC, you can serve it by mail, provided you have actually served the complaint. The OSC sounds like it...
Archived
Opposition to summary judjement
Catherine's answer
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Answered on September 24, 2012
Yes, you can submit photographs as exhibits. They must be 8 1/2 x 11 size (not bigger), printed on ordinary paper.
You should not have to...
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Archived
Motion to dismiss filed on September 2, 2011. Year has elapsed. Federal Judge has failed to entertain.
Catherine's answer
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Answered on September 24, 2012
Ms. Koslyn is correct. I would add that federal judges can refuse to entertain a motion if they decide they think it lacks merit. The case should...
Archived
Is there deadline to meet and confer with opposing attorney or to file motion to compel in limited jurisdiction?
Catherine's answer
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Answered on September 23, 2012
If you do not require further written responses, but you only believe documents are missing, there is no time limit on moving the court for further...
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