Suppose the clerk forgot to stamp all documents in a time-sensitive motion for reconsideration, but the motion itself is stamped. In that case, you can address the issue by first confirming the stamped motion as proof of timely filing. Then, contact the clerk’s office to request that the... View More

In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More

The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More

To find out where your child is, start by contacting the child's mother for his location. If she refuses, consider hiring a lawyer or private investigator, or seek help from friends, family, or social media. Consult a family law attorney in your state or where your child may be to determine if... View More

In legal proceedings involving conservatorships, the process for a former conservatee to consent to a final accounting and waive the accounting typically involves the following steps:

Preparation of Final Accounting: The conservator prepares the final accounting document, which details all... View More

It sounds like you may have a strong case for medical malpractice given the sequence of events and the potential negligence involved in your treatment. Please reach out to the local medical malpractice attorney. Your initial visit to the ER for constant head/neck pain and blurred vision should have... View More

Regarding the hospital's obligation to disclose, generally, a party to litigation must disclose any non-privileged material that is relevant to any party's claim or defense and is in its possession, custody, or control if requested during the discovery process. However, certain... View More

A privilege log is generally created to identify documents or communications that a party considers to be privileged and thus exempt from disclosure during the discovery process in litigation. The scope of a privilege log should cover all sets of discovery where privileged information is identified... View More

You may have a case. Please discuss the merits and facts with a medical malpractice attorney. Some errors and omissions don't amount to medical malpractice and experts have to certify that the doctors, nurses, and/or hospital's conduct fell below the standard.

The information... View More

Please discuss your matter with a family law attorney. All evidence presented must adhere to the rules of completeness. You can present your rebuttal evidence during the evidentiary hearing or trial or file your evidence that will explain the original evidence in context.

The information... View More

In California, medical malpractice claims are subject to a statute of limitations. This legal timeframe restricts the period during which a lawsuit can be filed. Understanding and adhering to these time constraints is vital to pursuing a successful medical malpractice case.

Generally, you... View More

The court will not hear a case in which the state of limitation has passed. Medical malpractice claims deadlines vary depending on the type of the claim. For your type of matter, the statute has passed and the court will not hear your type of claim. The information provided presents opinions and... View More

Not all mistakes and omissions will amount to medical malpractice. You have to prove all elements of medical malpractice and have the expert certify that the particular doctor's conduct fell below the standard. Generally, you have one year to file a medical malpractice claim absent a very... View More

A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is... View More

Hi there,

it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or... View More

Hi there, there are multiple factors that the court can consider in granting/denying spousal support. Some of the factors are the earning capacity of each party to maintain a sufficient standard of living, contribution to education, ability to pay spousal support, the needs of each party,... View More

Hi there,

You may request court orders for custody based on the child's health safety and welfare.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature... View More

Please contact the family attorney to go over the specifics of your judgment. If prepared by the attorney, the judgment should specify how the assets and debts are to be divided. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional... View More

The obligor needs to maintain the obligations for child support. However, the loss of a job may give him a reason for seeking modification. The courts will look for reasons for unemployment. If he quits voluntarily, the court can impute the wages to him. The court will consider education, skills,... View More

In general, separation and divorce do affect the insurance payouts if you share policies. Please discuss your particular facts with a family law attorney. Restraining orders have time limits unless you obtain a permanent one. The information provided presents opinions and examples and does not... View More