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9

The circuits all over the place on this one but I don't see these facts fitting according to the strictest rule. It is within the discretion of the police to decide whether delaying the arrest of the suspect will help ensnare co-conspirators, as exemplified by this case, will give the police greater understanding of the nature of the criminal ...


8

The language that you're referring to, where it states that if they do not provide responses to legitimately served discovery requests in a timely manner, that they would be responsible for attorney fees, this does not refer to your attorneys fees that you incurred in defending the suit. It refers to attorneys fees that would (actually could) arise out of a ...


7

Service of process is jurisdictional, but specific phrasing isn't typically specified by statute. For example, here's the Illinois statute, 735 ILCS 5/2-203(a): Except as otherwise expressly provided, service of summons upon an individual defendant shall be made (1) by leaving a copy of the summons with the defendant personally, (2) by leaving a copy at ...


5

If a defendant has committed a crime, they would choose to self-represent to ensure that no one else would know about the circumstances of their crime. Although lawyers are ethically bound to not disclose information that would not be in the interest of their client, the decision to breach this duty would be up to the sole discretion of the ...


4

Under Fed. R. Civ. P. One can be served according to the state law or: (2) doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) ...


4

I found on the internet this list of process service requirements by state. I briefly skimmed it and didn't see any requirements for specific words to be spoken.


4

The legal term for what you're talking about is "prejudice." When a lawsuit (or a claim, or a party) is dismissed by a court "with prejudice," that means that the same cause of action cannot be brought again by the same plaintiff against the same defendant. It is also possible to dismiss a claim "without prejudice," meaning the same claim can be brought at a ...


4

For service by US mail, they will attach a "proof of service" to the mailed document that contains a declaration by the person who placed it in the mail. (I think other jurisdictions may refer to this as an 'affidavit of mailing.') The e-mail notice is an informal preliminary, not the actual proof of service. As to the prohibition on party service, it's to ...


4

In California, the small claims court has jurisdiction over claims up to $10,000. In order to have personal jurisdiction over him: He must have a summons and complaint hand delivered to him (or to certain other people such as an adult who lives in his household, or to his secretary if he has one). This is called "service of process" and there are ...


3

You know that a judicial proceeding has been filed against you when you are "served" with notice. In fact, legal proceedings cannot generally proceed without somebody swearing that you were served notice. If a criminal complaint is being pursued against you then you might also learn of this fact when an investigating law enforcement agent contacts you to ...


3

In a civil action: If you are serving written discovery on a party, under the federal rules of civil procedure, or in any state whose adopted the model rules, (rules 33-37 typically), you need only send your requests for interrogatories, the production of documents, or for admissions to the party (through their counsel unless they are pro se), accompanied by ...


3

You can't normally ask the court to "recuse" an attorney, because "recusal" is normally restricted to the judge leaving the case. The more common term is moving to disqualify opposing counsel.


3

It's hard to know why people choose the venues they choose. But, the UK is known for having very plaintiff-friendly libel law (although less-so now). Libel tourism was much more feasible in 1996, when David Irving brought his suit. But, as of 2014, "claimants wanting to sue defendants who do not live in Europe will have to prove that England is the most ...


3

If a law is struck-down as unconstitutional, but all the precedent used to find it unconstitutional gets reversed; what becomes of the law? In U.S. law, the law has effect again, unless it has been amended or repealed in the meantime. Is it totally dead, needing be passed anew? In the U.S., no. It is not totally dead. It is merely dormant. It stays ...


3

Presumably, they at least took a report which could make it possible to file an insurance claim for the stolen phone. But, a good faith belief of law enforcement that is unable to figure out who committed the crime with the resources available to them is a legitimate reason not to investigate and prosecute a crime, even in countries with legal systems ...


3

The broader question is a bit tricky and has many dimensions. It is probably easiest to go over some of the ground rules. There are probably other particular issues that could come up, but those are the only ones that occurred to me at the moment. Caveats and Disclaimers Also, it is worth noting that the considerations that apply are different in criminal ...


3

Both. The process server deliver's one set of documents addressed to the individual in their individual capacity, and one addressed to the company. If the individual in an official capacity and the company are both parties, as well as the individual in an individual capacity, you serve three sets. Even if the law ultimately is in your favor that serving ...


3

What does one do if, a party at trial denies having made a statement in a published article? A combination of a) and b). The plaintiff should gather other evidence with which to disprove the denials of authorship, or at least to question the reliability the publisher's testimony. The jury needs that evidence in order to discern who is credible. Whether ...


3

You sue the legal person One of the things that distinguishes legal personhood from other structures is the ability to sue and be sued. You can't sue a business name or a trust for example but you can sue a company. I have in fact been required to make adjudication decisions that I know will be unenforceable in court because the applicant named a trust ...


2

No You settled; it's over. Specifically, you have agreed to pay your own costs and have therefore waived this claim.


2

E.g., is it correct that subpoenas are supposed to be served for discovery from third parties to a legal action, whereas discovery on a counterparty is supposed to be through requests? Generally yes (except that a counterparty can be subject to a subpoena to testify at trial in a civil action). My current understanding of custom is that a plaintiff ...


2

Not very. In 1998 the Boston Bar Association Task Force on Unrepresented Litigants did a detailed study on this subject entitled Report on Pro Se Litigants. http://apps.americanbar.org/legalservices/delivery/downloads/bostontaskforce.pdf Among their findings was: In some types of matters unrepresented litigants do not obtain results as favorable as ...


2

A certificate of service is the evidence that you have served the other party with the court documents - you can't do this before filing the documents with the court so, no, you complete it afterwards.


2

(1) and (3) are very similar in meaning. Usually (1) would be answered quite generally, "moves this Court to change the venue of this proceeding pursuant to Rule 98", while (3) would have an exact word for word statement of what you want an order of the court to say, such as "requests the following relief: (1) that this court immediately transfer venue in ...


2

Subpoenas do not generally require review by a judge before they're issued. In many jurisdictions (including federal), any attorney admitted to practice in a court can, as an officer of the court, issue a subpoena in the name of the court. Massachusetts's rules of civil procedure do not allow that, but they do say that the clerk of court (who can issue ...


2

If a foreign court enters a judgment against someone by default that judgment will probably be enforceable in the country where the judgment was entered (or in the case of the U.S. in the state where it was entered with easy domestication to another U.S. state) against assets in that country. So, if you own real estate, or have bank accounts, or work, or do ...


2

Depositions must always be attended by a court reporter in every jurisdiction I have ever encountered (including Colorado, New York, California, Wyoming and Florida). Alaska may be an exception. It's state constitution creates a right to participate in many kinds of legal and legislative proceedings remotely because the distances involved are often so great. ...


2

Short Answer Typically, about four weeks in an uncontested case and six weeks in a contested case, although this depends to some extent upon how business the relevant courts are at the time. Long Answer The time limits break down as follows into different parts of the process: Minimum time from formally demanding possession to being legally allowed to ...


2

Do officers/prosecutors do this by having a hearing in front of the judge and presenting their affidavit? Generally a law enforcement officer executes an affidavit in cooperation with a prosecutor who submits it to a judge. (Some, but not all, jurisdictions, allow a law enforcement officer to directly submit a warrant request without the prosecutor's ...


2

In general, you can file a complaint asserting any cause of action whatsoever against a defendant, even if they are unrelated, in the same case, and if you don't, you risk having the claims that you do not file barred by the doctrine of res judicata, which bars new lawsuits between the same parties not only over all claims that were actually asserted and ...


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