Archived
I am a pro se litigant in an arbitration and the other side will not honor my request for Docs or admissions properly served
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Answered on October 17, 2011
I would follow up, again. I would follow up with a phone call and then document the phone call with an email and letter. "Just to confirm what we...
Archived
What does this mean ?
Joseph's answer
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Answered on May 27, 2011
It means that ANY conceivable claim you might have against the other party would be waived and you would not be able to bring it in any future...
With or without prejudice?
Joseph's answer
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Answered on May 24, 2011
You would want to dismiss the case, without prejudice. That way you can refile the case in the future. (Provided the statute of limitations has...
Archived
Lawsuit
Joseph's answer
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Answered on May 23, 2011
If the defendant has not filed a counterclaim, then the plaintiff can dismiss the lawsuit on its own motion. Often without prejudice (meaning they...
Archived
Can a default judgement in civil court be retried?
Joseph's answer
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Answered on May 20, 2011
Default judgments, in certain limited circumstances, can be set aside. But it is difficult and if you delay they will not be set aside.
You...
Is correspondence accepted as evidence in a civil trial?
Joseph's answer
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Answered on May 19, 2011
If the correspondence is relevant or contains relevant information, they most likely will be admissible. Objections to its admissibility might be...
What are my options if my lawyer does not show up at my first court hearing tomorrow?
Joseph's answer
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Answered on May 18, 2011
Request a continuance. (I'm not sure what type of hearing you have). Explain to the judge what has happened and that you will be retaining...
Archived
Will I be able to raise new claims in a motion if they are not specifically detailed in an initial complaint?
Joseph's answer
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Answered on May 11, 2011
You can usually amend a complaint to add new claims only once. A second amendment would require a motion to the court and the court's approval. ...
Archived
What can result from my attorney filing a dilatory pleading against the defendant in a civil lawsuit?
Joseph's answer
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Answered on May 06, 2011
A judge rarely dismisses a case for a later filed pleading (unless there is a statute of limitations issue).
Usually a judge will consider a...
Can a court award attorney's fees to someone who proved undue influence and/or lack of capacity?
Joseph's answer
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Answered on May 04, 2011
In Washington State there are statutes which would allow a court the ability to award attorneys fees in situations such as you've described. There...
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