Archived
Appellant filed a motion for panel reconsideration, or in the alternative,for reconsideration en banc. Meaning?
Terry's answer
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Answered on June 08, 2019
I assume we are talking about the Second Circuit. The "panel" is the three judges that heard oral argument, and to whom the case was assigned. ...
Archived
Interpretor
Terry's answer
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Answered on June 07, 2019
Reposted to Criminal Defense. You should request an interpreter now, explaining that you need it to fully understand the trial, which is longer...
Archived
Can someone be excused from grand jury duty in Queens for financial hardship under the following circumstances?
Terry's answer
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Answered on June 07, 2019
Reposted to Government. All you can do is ask. At that salary I'm surprised they would dock you. Don't you have personal time?
Archived
Is notice given to the respondent required in a family-support court case if the plaintiff has a voluntary witness?
Terry's answer
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Answered on June 07, 2019
Disclosure in Family Court is a joke, like most procedure there. But if no one asked, you can ambush your adversary with your witness.
I regrettably agreed to withdraw a MSJ I had filed arguing that the party who filed a claim against me never had standing to
Terry's answer
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Answered on June 07, 2019
I disagree with my out-of-state colleagues. New York enjoys almost unfettered interlocutory appeals as of right. So you can appeal the denial of...
Selected as the best answer
Court Subpoena - how?
Terry's answer
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Answered on June 07, 2019
Reposting to Criminal Defense. You can't just go get an order of protection; it must be issued in the context of a pending proceeding. As this is...
Archived
Can a motion to dismiss be brought at any point pre-trial or is it limited to before answer/service of the responsive pleading?
Terry's answer
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Answered on June 07, 2019
If you preserved the defense by raising it in your answer, you can move now. But why have you waited?
Selected as the best answer
Archived
Is there a statutory definition of child support "arrears" in New York State?
Terry's answer
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Answered on June 07, 2019
You state the amount is not child support. If that is true, why did the court direct SCU to collect it, and why did you not object at the time? ...
Archived
Is an order denying a motion to restore appealable as of right pursuant to NY CPLR 5701(a)?
Terry's answer
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Answered on June 07, 2019
Why would it not be appealable as of right?
In New York how long does it take for a special referee to render a decision after a divorce trial?
Terry's answer
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Answered on June 07, 2019
Reposted to Divorce & Separation. It could be weeks, it could be months.
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