Questions answered by Kevin Hochhalter

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Can you be convicted on a story that continues to change and an assumption

Kevin's answer | Answered on October 11, 2016

You can only be convicted on the basis of the evidence presented at trial, in this case, the second trial. Even if the story has changed since the...

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Does our neighbor have any right to our property by claiming they have adverse possession?

Kevin's answer | Answered on October 10, 2016

Your neighbor does not have a right to any portion of your property until they prove, in court, that they have adversely possessed it. This means...

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Does a Motion to Vacate (CR ) have to be served to the defendant personally by a process server (uninvolved third party?)

Kevin's answer | Answered on October 10, 2016

I disagree with Mr. Couch. CR 60 requires a special process for a motion to vacate. Review CR 60(e) carefully. Among other things, it requires...

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What form would I use to submit new evidence in a superior court review of an administrative order?

Kevin's answer | Answered on October 10, 2016

There aren't forms for everything. What you want to do here is to file a Motion and a Declaration. You could call your motion something like...

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I want to stay proceedings due to pending appeal of a modification. Need to lay legal grounds. Seattle WA, King Co. Superior Ct.

Kevin's answer | Answered on September 29, 2016

When you file for discretionary review, the first thing you do in the Court of Appeals is to file a motion for discretionary review, telling the...

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Does State Law supersede Homeowners Association rules and covenants?

Kevin's answer | Answered on September 23, 2016

The definition in RCW 46.55.010(5) applies specifically to the abandonment, removal, or disposal of a junk vehicle left on public or private...

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Does Washington have jurisdiction to fix an error on administrative appeal that occurred while Washington had jurisdiction?

Kevin's answer | Answered on September 19, 2016

If the error occurred one year ago, it is too late to appeal. However, there may be an opportunity for you to seek a new determination. I would...

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Transcripts

Kevin's answer | Answered on September 19, 2016

Usually when there is no court reporter there is at least an audio recording that you could deliver to a certified court reporter for transcribing....

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In WA state CR 62 states that filing of Notice of Appeal, gives me stay on the judgment of a divorce trial orders by 14 days.

Kevin's answer | Answered on September 14, 2016

The rule appears to say that it is 14 days from the time the orders were entered. As a practical matter, this doesn't make a whole lot of sense...

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Does it make sense to appeal family law ruling based on inadequate counsel?

Kevin's answer | Answered on September 13, 2016

I'm sorry to say that you cannot win a family law appeal by arguing inadequate counsel. If your attorney's performance was the reason you lost your...

Kevin Hochhalter's Answers (772)

Can you be convicted on a story that continues to change and an assumption

Does our neighbor have any right to our property by claiming they have adverse possession?

Does a Motion to Vacate (CR ) have to be served to the defendant personally by a process server (uninvolved third party?)

What form would I use to submit new evidence in a superior court review of an administrative order?

I want to stay proceedings due to pending appeal of a modification. Need to lay legal grounds. Seattle WA, King Co. Superior Ct.

Does State Law supersede Homeowners Association rules and covenants?

Does Washington have jurisdiction to fix an error on administrative appeal that occurred while Washington had jurisdiction?

Transcripts

In WA state CR 62 states that filing of Notice of Appeal, gives me stay on the judgment of a divorce trial orders by 14 days.

Does it make sense to appeal family law ruling based on inadequate counsel?