If a case isn't resolved at mediation is it appropriate to want to go straight to trial or to try another mediation?

Without knowing the facts, it is difficult to tell whether your case should go to trial because a mediation failed. But many, many cases settle...

Many states also have laws that shield certain kinds of personnel who work for the government from suit over what they do in their official...

As all of my colleagues have indicated, you cannot refile the same causes of action or claims. This means that you cannot file anything based on...

What date of signature to put on an amended proof of service and declaration of diligence?

There are ususally two or more dates on a proof of service. The date you enter should be the correct date for what is being said happened on that...

You can take the deposition of a person who lives in another state, but you cannot compel that person to come to your state to do it. If the...

When an attorney makes an appearance after clerk's default has been filed, how to proceed?

I agree with Attorney Chen, there is no mystery here. Please realize that while service might be improper, it doesn't mean that the defendant...

How to fill out a Subpoena Duces Tecum

Each state has different forms for subpoenas, so you need to specify what state and what form you are using. A lawyer licensed in that state may...

Default

No, the defendant is not "off the hook" for punitive damages simply because of a default. The plaintiff must have properly served a Statement...

Yes. Any person being deposed is entitled to have counsel present and object to questions. The parties to litigation cannot take advantage of a...

Do I make a mountain out of this molehill? (Defective service of Response)

Petty bickering gets my vote. If you received the response in enough time to formulate your reply, you have not been prejudiced despite the...

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