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Questions tagged [process]

For questions about any of the series of events that are legal actions in the initiation and resolution of a filing, including events prior and subsequent to the proceeding.

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105 views

Do California process servers typically try phone calls before resorting to ambush?

I've reason to believe that someone might be planning to sue me (it's unclear). Last Sunday night I got a knock on my apartment door at around 9:30pm from a stranger who tried to talk me into opening ...
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1answer
31 views

Can two federal questions involving separate actions be treated in the same case?

If some act is challenged as unconstitutional and another act is also challenged as unconstitutional, and the supposed unconstitutional actions were executed by the same defendant against the same ...
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1answer
31 views

Get Officers Information From Warrent [duplicate]

If an officer has a warrant to investigate is it possible for a citizen to get details of that warrant including finding where those officers are? What judge enabled them?
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31 views

Can a person be charged in absentia in the English and Welsh jurisdiction?

In England and Wales a person can certainly be tried in absentia, but can they be charged in absentia?
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35 views

how to establish causation and intent?

In a scenario where something analogous to, but probably not exactly, the Mosquito alarm has been used, and that usage has resulted in hearing problems, how, generally, would a private prosecution ...
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3answers
85 views

Appeal from state's Supreme Court

MY anal retentive state state supreme court, refused acceptance of my appeal because the certificate of service was wrong. I sta stated the party would be notify through the E filing system but there ...
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0answers
40 views

Legal Proceedings concerning one individual due as a defendant in two courts at the same time

A person is due to be a defendant in a court case in county 1, but they get arrested for another crime the night before their trial in county 2, meaning they are due in two court rooms at the same ...
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1answer
60 views

Can police refuse criminal case about stolen mobile phone? How can such crimes be investigated?

Mobile phone and some precious things were stolen from my friend, but the police refuses to start a criminal case (proceedings) to investigate the crime. They are saying that the thief cannot be ...
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1answer
364 views

Are “conclusions of law” given pro forma denials in response filings?

I have been reading Responses to Motions in some court cases. These contain a one-to-one response to each paragraph in the Motion to which they are responding, typically of the form: Admitted; or No ...
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4answers
301 views

Why would someone feel compelled to self-represent in court?

As someone who is aware of instances where individuals choose to self-represent, I know that I am way out of my depth to represent myself should I find myself in need of legal services. However, for ...
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1answer
32 views

Constraints on the scope of a civil action?

Suppose I file a civil complaint against party A for some strict liability tort X. That gets docketed in a court with jurisdiction, and then the original complaint is either negotiated or adjudicated ...
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72 views

What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK?

Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no ...
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1answer
53 views

How does a pro se defendant subpoena digital evidence for the defense?

In specific, if partial evidence of blackmail and witness intimidation, (death threats), were to be made public on the web and in direct text, how would the defense go about gaining access to the ...
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3answers
162 views

What happens to struck-down laws when the decision(s) that killed them are reversed?

If a law is struck-down as unconstitutional, but all the precedent used to find it unconstitutional gets reversed; what becomes of the law? Is it totally dead, needing be passed anew? Can the ...
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2answers
96 views

Do officers need to go to court to obtain a warrant?

I'm interested in learning about the logistical process of obtaining a warrant. So far, what I keep reading is that in order to obtain a warrant, officers need to convince a judge or magistrate that ...
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1answer
3k views

How long does it take to evict a tenant in Georgia for not paying rent?

Various websites describe the tenant eviction process (e.g., http://www.ajc.com/lifestyles/understanding-the-eviction-process-georgia/peHyJ7mMgYEDVns0NXWPVI/). The eviction process includes going to ...
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1answer
54 views

When do depositions require a court reporter?

I've looked at some rules of civil procedure that suggest that a deposition must always be attended by a court reporter. But my impression (perhaps resulting from too much TV) was that depositions ...
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3answers
220 views

Where can I find examples of blank motion forms?

I'm trying to find an example for a blank motion form for requesting the courts perform an action. Anybody have any examples that I can use to type up my request? Edit: For LaSalle County Illinois
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2answers
106 views

Can people sue other people in foreign countries and force them to respond?

In the movie Denial (and obviously in real life too) David Irving sues Deborah Lipstadt in the British courts not the American courts. How does that work? Can people sue other people in foreign ...
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1answer
398 views

Filling out an affidavit of personal service

I am filling out an affidavit of personal service, "Form D," found at http://www.sro.nysed.gov/forms/default.html For the most part, the fill-in-the-blanks parts look pretty straightforward. The top ...
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1answer
352 views

Can I sue from California, in small claim court, someone in England who is British?

Can I sue from California, in small claim court, someone in England who is British? I live in California and this guy sometimes comes to CA for business. He stole money from me in the U.S.
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1answer
2k views

Does a Certificate of Service need to be completed before filing a motion with the court

If I'm filing a motion which includes a page called "Certificate of Service", do I need to complete that page and have it notarized before going to court? I ask because it doesn't seem like there ...
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1answer
222 views

Difference between “hereby moves” and “following relief” for change of venue motion

My sister need to file a motion for a change in venue (in North Carolina) to move a court case from a county she previously resided in to the county where she currently resides. But we're a bit ...
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1answer
15 views

Part 36 offer forms, sent to whom?

When a defendant is making a Part 36 offer (using form N242A) to whom are they (or their solicitor) required to send the form to? The Claimant only, the Court only, or both?
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Requesting a Public Defender?

When summoned to appear in court for arraignment over Disorderly Conduct (misdemeanor) charge, when will the accused be allowed to request a Public Defender? Is this something the accused should ...
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1answer
56 views

Risks of requiring payment acknowledgment when requiring release without payment

Suppose Acme Co does something which damages Bob, and Bob files suit. Acme Co’s attorney Allen approaches Bob in person, admitting that Acme is liable and offering to pay $X as well as take steps ...
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1answer
168 views

Administrative Subpoena - Do you have to comply?

This is purely academic. I am following the ExxonMobil and Attorney General Maura Healey lawsuit because it interests me from a purely academic standpoint. Here's a link from the Boston Hearld ...
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3answers
119 views

Can bad UI design lead to legal actions? or is bad UI a good business model?

Last year our office of parking upgraded their system, they didn't notify the users, they didn't tell anyone about this change. So I bought a parking permit and they have this dropdown where you ...
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0answers
220 views

What is the difference between state and federal habeas corpus proceedings for convicted prisoners on death row?

I am told that, in the US, people sentenced to death by a state can apply to that state's court for habeas corpus and then, if that fails, apply to a federal court for habeas corpus again. I thought ...
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1answer
1k views

How can I determine if a person filed a case against me?

A person in a different state claimed to have filed a case against me for posting something on Twitter (cyber bullying). That was 6 months ago. In the meantime I was out of the country and did not ...
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0answers
171 views

What happens next after arrest and release on bail?

A few weeks ago I was arrested in Hawaii for family abuse. I punched my girlfriend who I've been dating for 2 years now once in the face leaving no marks, she got scared and called her therapist and ...
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2answers
622 views

Can a Judge ask for a manifest injustice then dismiss the motion?

First, a Pro Se POST CONVICTION RELIEF was filed for an issue relating to tampering with evidence (a Joseph Graves issue) and the judge responded with: Since Defendant is seeking to withdraw her ...
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1answer
64 views

What motion follows a failure to show cause?

I am representing myself. I filed a motion to terminate probation on April 8th, the motion was received by a judge on the 11th and he issued an order of rule to show cause to the district attorney's ...
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1answer
32 views

Separate permission required for amicus curiae brief?

I submitted an amicus curiae brief to a federal case and it was rejected on the grounds I had no permission from the court to submit one, however, in the brief itself, at the beginning I specifically ...
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1answer
148 views

Is process service on an old address valid?

Pick your favorite jurisdiction in the U.S. Hypothetical Facts A wants to serve B with a complaint and notice to appear in court. The address on B's ID card is address C. B does not live at nor have ...
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0answers
51 views

What do they mean and what are the implications when they say that a case was posted for “orders”

The Lokayukta Court on Monday posted for orders to October 4 a case filed against former prime minister H D Deve Gowda and four former chief ministers, for helping alleged land grabbing by Nandi ...
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1answer
641 views

What does “No Order on Count” mean as an disposition of a charge?

I'm looking at some case histories from the Cook County, IL criminal courts, and some charges have a disposition of "No Order on Count." What might that mean?
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2answers
73 views

How successful are non-lawyers when filing declaratory judgements?

First, note that I wanted to ask the question "how hard is it to file and argue a declaratory judgment?" But that would have probably been a subjective question. But if you could include in your ...
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1answer
172 views

Do they open the Bible during the court process?

Is the Bible being opened during the process in any state in USA in order to recite a quote from it or whatever? Do they swear on the open Bible or closed?
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1answer
101 views

How does one ask the court to recuse an attorney due to a perceived conflict of interest?

Is there a legal principle or process that can be used to ask a court in the US - either at the time of filing or during a legal proceeding - to consider recusing an attorney from the opposing side ...
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2answers
2k views

Plaintiff didn't respond to discovery - and later settled - can I get any legal fees back?

I was sued in New Jersey on (IMHO) pretty shaky grounds. I hired a pricey lawyer ($495/hr) to try to take care of it quickly. It was clear to me that the other side didn't have any intention to go ...
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2answers
1k views

Subpoena vs Motion to Compel

Are there clear rules on when to use subpoenas for discovery as opposed to requests? E.g., is it correct that subpoenas are supposed to be served for discovery from third parties to a legal action, ...
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3answers
108 views

Discovery and Efficiency of Process

Does discovery have to proceed step-wise, or is it possible (or even routine) to combine the discovery process whenever possible? Here's a hypothetical example of what I mean: I am suing an employer ...
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1answer
1k views

Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to ...
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1answer
1k views

If a petition is dismissed without prejudice can it be refiled?

If the rules and laws of a court allow a party to bring a petition, and that petition is dismissed with an explanation but with no mention of "prejudice," can the petitioner refile what is ...
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2answers
169 views

Is there any legal requirement to use the phrase “you've been served”, as seen on television and in movies?

Many American television shows and movies who have a character who is being served some kind of legal documents will have them handed some papers and then being told "You've been served". Is this a ...
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2answers
157 views

When are errors of process “fatal?”

Under what circumstances (if any) can an error of process doom a plaintiff's claim? Process errors can include things like failure to serve notice or motions in a timely or correct fashion, or ...
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1answer
226 views

Why is it important that “service of process” not be performed by parties to a case?

This page from the California Courts is emphatic that "it is very important that you, if you are the plaintiff/petitioner or defendant/respondent, do NOT serve your own papers." Why is it important ...