Archived
An affidavit of prejudice to disqualify/change the assigned judge can be filled after order to revise the commissioner's ruling?
Kevin's answer
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Answered on July 26, 2018
The decision on your motion for revision was a discretionary ruling. You cannot file an affidavit of prejudice. It is too late.
You can,...
Can a lawyer charge a client without agreement?
Kevin's answer
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Answered on July 26, 2018
Written agreements are not always required. Oral agreements are also valid in many situations.
If you were the client and the lawyer committed...
Archived
What is "supersedeas without bond"?
Kevin's answer
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Answered on July 25, 2018
This means the appellant is asking the court to stay the judgment without requiring the appellant to post a bond.
Ordinarily, during an appeal,...
On summary judgment, are conflicting testimony and credibility for the jury to determine?
Kevin's answer
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Answered on July 25, 2018
Case law says "trier of fact" because who that is depends on the type of case. If the case is one properly heard by a jury, the jury is the trier...
Archived
Does due process and affidavit of service only apply to defendants and at the beginning of the action?
Kevin's answer
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Answered on July 24, 2018
Once the court obtains personal jurisdiction over the parties, it is not lost due to later actions of the parties. The court obtains personal...
Archived
Can I file a motion for reconsideration WITHOUT an order in the system?
Kevin's answer
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Answered on July 23, 2018
The best course is probably to file your motion for reconsideration now. That way the court can't throw you out for being too late. If it turns out...
The neighbors have an easement that connects to my driveway. The driveway is on my side of the property line. Is it my driveway?
Kevin's answer
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Answered on July 21, 2018
The best way to find the location of the boundary line and the easement is through a survey. But, if your property corners are marked with stakes,...
How can I remove an easement on my property?
Kevin's answer
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Answered on July 19, 2018
Review your deed and any documents relating to the easement, including the CCRs. There may be special requirements for making any changes to the...
Archived
Is a motion for reconsideration appropriate when a judge reserved the decision?
Kevin's answer
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Answered on July 19, 2018
I don't think it needs to be a motion for reconsideration, just a motion for a decision on the interest. By reserving that issue, the judge really...
Archived
Question about appeals and new laws and Supreme Court decisions
Kevin's answer
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Answered on July 19, 2018
When there is a later change in the law, whether it is a new statute or a new court decision, you may be able to benefit from it by filing a...
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