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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23
votes
2answers
10k views

What are the legal ramifications of a legally dead person turning up alive?

Context: I am writing an urban fantasy story in which a man dies, is declared dead, and comes back to life via supernatural means on the autopsy table. The existence of the supernatural is not common ...
10
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1answer
2k views

What happens if you tell the court you are not satisfied with your attorney's representation?

I have often heard judges ask parties at the conclusion of a hearing on some matter, "Are you satisfied with your attorney's representation of you in this matter?" What is the consequence of ...
9
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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 ...
6
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2answers
314 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 ...
6
votes
1answer
239 views

How do the US Supreme Court justices decide to deny an application for injunctive relief?

On Dec 8 2020 the US Supreme Court denies Sen. Mike Lee's emergency application for injunctive relief to vacate the Pennsylvania Supreme Court decision on Nov 25 2020. The US Supreme Court order to ...
6
votes
1answer
184 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 ...
4
votes
1answer
1k 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?
3
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2answers
3k 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 ...
3
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2answers
235 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 ...
3
votes
3answers
199 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 ...
3
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2answers
4k 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 ...
3
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1answer
173 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?
3
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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 ...
3
votes
2answers
608 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 ...
2
votes
4answers
190 views

Why does it take so long to get a guilty verdict in obvious cases?

I am not a lawyer and TV has definitely not been an accurate representation of the law. So I'm hoping to get some clarification on things here: Today we learned that the person who committed the ...
2
votes
3answers
2k 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, ...
2
votes
1answer
120 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 ...
2
votes
1answer
151 views

Can a minor serve as a company's registered agent?

Can a minor serve as a registered agent for a company in Massachusetts?
2
votes
1answer
46 views

Serving the individual or the company or both?

If a person is sued in their official and individual capacity, do you serve: a. just the individual b. just the company or c. both the individual and the company?
2
votes
2answers
240 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 ...
2
votes
2answers
81 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 ...
2
votes
1answer
198 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 ...
2
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2answers
91 views

Why is it said that pre-trial procedures are "heavily skewed in favour of a plaintiff" in cases of defamation in Australia?

After losing a defamation lawsuit, ABC (Australia) said in a statement that This case has again starkly demonstrated fundamental problems with Australian defamation law and pre-trial procedures being ...
2
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3answers
136 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 ...
2
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0answers
45 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 ...
2
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0answers
468 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 ...
2
votes
1answer
292 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?
1
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2answers
296 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 ...
1
vote
2answers
999 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.
1
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3answers
275 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 ...
1
vote
1answer
6k 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 ...
1
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1answer
45 views

Is there a good standard for turning Laws into diagrams and flowcharts for ease of comprehension, study, and testing?

I'm a brick-and-mortar engineer who's forced by circumstance to study a lot of law, particularly Administrative Law, Constitutional Law, and EU Law. I find the procedures and control flows (if A is ...
1
vote
1answer
129 views

Can I have my soon to be born child's last name as something different than either parent?

My fiance is just starting the process to get his last name legally changed before our daughter is born. I will be getting mine done after we are married. She will be due very soon on September 15th, ...
1
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2answers
772 views

Can non-witnesses legally refuse to answer questions from judge?

It appears that a judge in their courtroom can ask anyone any questions. A quick search shows that it is not uncommon for persons refusing to answer judges' questions to be prosecuted for contempt of ...
1
vote
1answer
42 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 ...
1
vote
1answer
7k 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 ...
1
vote
1answer
528 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 ...
1
vote
2answers
549 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 ...
1
vote
1answer
66 views

Motions in Hip Pocket Service?

Apparently, Minnesota and the Dakotas allow "Hip pocket service", where a case starts by just sending someone a demand letter by what appears to be certified mail. In Minnesota, these cases ...
1
vote
1answer
81 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 ...
1
vote
1answer
40 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 ...
1
vote
0answers
16 views

Can an amended bankruptcy schedule be submitted before getting a case number, or is it better to wait?

I filed pro se recently (in the US), and I feel pretty good and confident about my petition. I did notice though I made a minor mistake on one page with some amounts—nothing major and it isn't a big ...
1
vote
2answers
429 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 ...
1
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0answers
56 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 ...
0
votes
3answers
284 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 ...
0
votes
2answers
201 views

Is there any case law on counsel perpetrating ruses on witnesses?

This question relates to an earlier question I asked here, but I am looking for a broader answer citing case law. I would like to know if there is any case law relating to the legal limitations on ...
0
votes
1answer
40 views

Does a Defendant LLC that is getting sued under two business names get named and served as Defendant once or twice?

Let's say "CompanyName" LLC is being sued for its business activities under the business names "FirstAssumedName" and "SecondAssumedName". Does a Plaintiff name and serve the "CompanyName" LLC once or ...
0
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2answers
74 views

What does one do if, a party at trial denies having made a statement in a published article?

a) Ask party in deposition whether they made the statements and if they deny it, gather other evidence or witnesses that confirm that they made the statement? b) Ask the party at trial whether they ...
0
votes
3answers
320 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
0
votes
1answer
2k 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 ...