Questions answered by Benjeman L. Nichols

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What Rule of Civil Procedure, regulation, etc., requires [reiterated for emphasis], requires a Circuit Court to immediately ...

Benjeman's answer | Answered on November 27, 2011

There isn't a rule of civil procedure on point. I see that you are writing from Chicago, and therefore I am going to assume that you are dealing...

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Don’t both litigants still have to show up for Pro Se Court small claims even if they have lawyers?

Benjeman's answer | Answered on November 24, 2011

"Pro Se" means that a person is not represented by an attorney, and thus the litigant simply represents himself or herself. If the litigants have...

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My husband suffered an extreme eye infection after a routine visit to the eye doctor. What legal stance does he have?

Benjeman's answer | Answered on November 24, 2011

I agree with both of the prior answers. For there to be a viable malpractice claim, your eye doctor would need to have caused the infection...

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Do I have a case for Medical Negligence?

Benjeman's answer | Answered on November 23, 2011

You should definitely discuss this case with a qualified medical malpractice attorney. The attorney will probably want to review your medical...

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How can I subpoena Michigan DMV records with litigation in IL?

Benjeman's answer | Answered on November 20, 2011

I agree with the previous answer. Illinois courts do not have subpoena power outside of Illinois. Thus, you will need to open up an ancillary...

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I have a piece of Art called Still Live, Copper Kettle by Franks (Museum Print Editions, It is posted for $150.00 on line --

Benjeman's answer | Answered on November 19, 2011

As long as you own the artwork outright (meaning that there are no liens or loans attached to it) you can sell it for whatever price you and the...

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If I want to file a motion to vacate a judgment/ruling pro se, who rules on that? the judge alone?

Benjeman's answer | Answered on November 19, 2011

I agree with the previous answer. If you are pro se, then you will need to draft a motion to vacate, stating the reasons why the court should...

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I was in the hospital and i have sickle cells so it is hard to start a iv and thay put it in my leg now my leg is paralized.

Benjeman's answer | Answered on July 20, 2011

Whether you have a case depends on a number of factors, such as the reason why you were in the hospital, whether it was an emergency and the IV was...

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What exactly is a spindled date?

Benjeman's answer | Answered on January 27, 2011

Petitions or motions are generally "spindled." To spindle a motion or petition means that the matter is given an appointment for it to be heard...

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Minor's case is not in the court yet. Only custodian signed settlement/claim free waiver. Is that legal?

Benjeman's answer | Answered on December 07, 2010

The guardian will have to file a case in the probate division in order to get court approval. Depending on the amount of the settlement, the judge...

Benjeman L. Nichols's Answers (31)

What Rule of Civil Procedure, regulation, etc., requires [reiterated for emphasis], requires a Circuit Court to immediately ...

Don’t both litigants still have to show up for Pro Se Court small claims even if they have lawyers?

My husband suffered an extreme eye infection after a routine visit to the eye doctor. What legal stance does he have?

Do I have a case for Medical Negligence?

How can I subpoena Michigan DMV records with litigation in IL?

I have a piece of Art called Still Live, Copper Kettle by Franks (Museum Print Editions, It is posted for $150.00 on line --

If I want to file a motion to vacate a judgment/ruling pro se, who rules on that? the judge alone?

I was in the hospital and i have sickle cells so it is hard to start a iv and thay put it in my leg now my leg is paralized.

What exactly is a spindled date?

Minor's case is not in the court yet. Only custodian signed settlement/claim free waiver. Is that legal?