Archived
If you sign a settlement with opposing counsel a day before an order to show cause do you still have to show up?
Terry's answer
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Answered on May 09, 2018
It would be wise to appear, to make sure the court knows the case has settled, and to make sure you adversary does not do or say anything untoward.
Archived
How do I oppose a motion to vacate order of dismissal pursuant to CPLR 5015(a).
Terry's answer
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Answered on May 08, 2018
You argue that the excuse for the default is not reasonable, and that the showing of merit is insufficient. Read the annotations to 5015.
Archived
Can I file a Notice Of Appeal on my own?
Terry's answer
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Answered on May 08, 2018
Yes, you can do it yourself. List him as the attorney, as his obligation continues until it is filed. Mr. Isquith is correct: Serve DA and file...
Archived
In Buffalo do you have to testify against your child
Terry's answer
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Answered on May 08, 2018
Reposting to Family.
There is some legal authority in N.Y. for a parent-child privilege, but the question is not well-settled by any means. See...
Archived
Can you submit a case to the Supreme Court A Second Time?
Terry's answer
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Answered on May 08, 2018
Which Supreme Court? Of the United States? If you are pro se there, congratulations. But you need to read the rules, and/or call the Supreme...
Judge didn't care about "Insufficient Service of Process" despite out of country. What is the point of laws if Judge wont follow
Terry's answer
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Answered on May 08, 2018
Good lawyers in a case usually know more than the judge. But judges also have discretion on many issues, the exercise of which is measured by...
Archived
Granted plaintiff amended complaint. 2 days till court date and no complaint served. Is there a deadline of service of complaint
Terry's answer
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Answered on May 08, 2018
When courts grant leave to serve an amended complaint, they ordinarily set a deadline. Check the order. When you say "court date" do you mean...
Archived
Judge gave me a guilty plead for a cell phone ticket. I am appealing the judgment. Does anyone handle appeals?
Terry's answer
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Answered on May 07, 2018
First, the judge did not "give" you a guilty plea--you chose to plead guilty. Second, an appeal will cost way more than the fine and surcharges...
Archived
How do I file a new arbitration claim
Terry's answer
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Answered on May 07, 2018
Reposting to Arbitration. This is not an Appeals question.
You misapprehend the meaning of "claim" versus "theory." You are trying to argue a...
Archived
Dismissed with Prejudice, Ready to Re-file ?
Terry's answer
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Answered on May 07, 2018
Reposting to Litigation. If you have an attorney why are you asking us these questions?
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