Questions answered by Thomas P Kelly III

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Served notice of a pfa hearing, ex's attorney files petition the day before the hearing.

Thomas's answer | Answered on March 11, 2017

I agree with the prior answer. Seeking to reverse an order of the Court is very difficult, even for experienced attorneys. You must retain counsel...

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I have questions regarding how many copies I need to make for the following:

Thomas's answer | Answered on March 11, 2017

At a minimum, you will need the original, a copy for the Court Clerk to endorse file for your records, and a copy to be served on the other side. I...

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Should I Be Concerned?

Thomas's answer | Answered on March 11, 2017

Yes, you can file a motion to challenge the judge and request recusal, but it's not clear that this individual judge had any role in the prior...

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Do I need to make a copy of the motion to compel the court to deem admitted the admissions to the defense?

Thomas's answer | Answered on March 11, 2017

Yes, you must serve all of the paper filed with the Court on the other side.

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Was it possible to cross-move for a Stay of Proceedings (which I was entitled by statute) at a time proceedings were dismissed?

Thomas's answer | Answered on March 11, 2017

It appears that this is a landlord/tenant issue due to the utility shut-off. Please post this question in the landlord/tenant section of Avvo. You...

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Attorney fees after civil trial where both the defendant and plaintiff were found in favor for

Thomas's answer | Answered on March 11, 2017

The court will need to make a determination who was the prevailing party. Specifically, who obtained the greater relief in the case. If it was...

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If the proper challenge to subject matter jurisdiction has been made can the court ignore the challenge?

Thomas's answer | Answered on March 11, 2017

It would be very unusual for a Court to ignore a challenge of this type. It may be that there is a defect with the pleadings you submitted. For...

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For preliminary injunction hearing, how a judge decides stress as irreparable injuries?

Thomas's answer | Answered on March 11, 2017

Please post this question in the landlord/tenant section of Avvo. You will get far more precise and helpful question from the attorneys in that...

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Will a FED.Judge look into the pleadings/motions which were DENIED by the magistrate or only those are NOT denied/ruled?

Thomas's answer | Answered on March 11, 2017

You can request the Court take judicial notice of the prior pleading in the case. Since they are part of the case record, it is a proper request....

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Motion to raise habitability

Thomas's answer | Answered on March 11, 2017

I agree with the prior answers. Leave it blank and the court clerk will assign a hearing date.

Thomas P Kelly III's Answers (931)

Served notice of a pfa hearing, ex's attorney files petition the day before the hearing.

I have questions regarding how many copies I need to make for the following:

Should I Be Concerned?

Do I need to make a copy of the motion to compel the court to deem admitted the admissions to the defense?

Was it possible to cross-move for a Stay of Proceedings (which I was entitled by statute) at a time proceedings were dismissed?

Attorney fees after civil trial where both the defendant and plaintiff were found in favor for

If the proper challenge to subject matter jurisdiction has been made can the court ignore the challenge?

For preliminary injunction hearing, how a judge decides stress as irreparable injuries?

Will a FED.Judge look into the pleadings/motions which were DENIED by the magistrate or only those are NOT denied/ruled?

Motion to raise habitability