Do you have to include exhibits from the original petition in the appellate brief for NYS appellate court?
Terry's answer
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Answered on May 27, 2019
Unless you are proceeding on the original record, the reproduced record must include the petition and exhibits, among other things. No need to...
Archived
Do the defendant need to be served a copy of motion that plaintiff put in asking to have cases refiled in small claims court?
Terry's answer
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Answered on May 27, 2019
Other parties to the case must always be served with motions made by one party. Remake motion on notice, or just refile case in small claim part.
How do NYS appellate judges come to a decision in civil cases? After oral arguments do they re-read the brief or their law clerk
Terry's answer
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Answered on May 26, 2019
Appellate judges often have a tentative result in mind at oral argument. The questions may have been to clarify things for themselves, or to try...
Can I submit a notice of motion to VACATE a default judgment in Suffolk county traffic court ?
Terry's answer
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Answered on May 26, 2019
Reposting to Traffic & Speeding. You have few rights in the TVB. Your motion will be to vacate the judgment of conviction, not to vacate the...
Petit larceny, conditional green card, interview in months time, and attending law school this fall with 50% scholarship& F aid?
Terry's answer
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Answered on May 26, 2019
Reposting to Immigration, which trumps all your other issues.
Archived
How can a charge be changed after incarceration?
Terry's answer
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Answered on May 26, 2019
Sometimes paperwork from the sentencing court is incorrect, and DOCCS has people whose jobs it is to make sure sentencing paperwork is accurate. ...
Archived
Document fraud in a civil case
Terry's answer
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Answered on May 24, 2019
Plaintiff should have challenged the admissibility of the article or, having now learned of it, should ask the court to reverse its ruling on it. ...
Why more than 95% end up with plea deal rather than going to jury trial ? How many days can we drag a trial ?
Terry's answer
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Answered on May 24, 2019
Reposting to Criminal Defense. Most defendants plead because they are risk-averse: They would rather know what the outcome is than risk a guilty...
Does plaintiff's Reply to defendant's Opposition to plaintiff's Motion require a Memorandum of Law?
Terry's answer
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Answered on May 24, 2019
If you need to cite law a memo of law is proper. If you are just making argument it might not be necessary.
Archived
I'm a pro se litigant attempting to write an appeal. The lawyer for the defendant refused to stipulate the record on appeal.
Terry's answer
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Answered on May 24, 2019
I don't think a motion to compel will be successful. Why do you think a clerk's certification will be costly? Have you already priced it with the...
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