I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?
You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more...Read more »
Seriousness if the crime, whether it was a violent crime, if the crime was only a property crime or drug crime or a crime directed against a person, whether a weapon was used, if there were victims who suffered injuries, the defendant’s past criminal history, the strength of the evidence against...Read more »
Your stepmother is entitled to the first $40,000 and then 50% of the remaining balance of your father’s estate if she and your father were still married when he died. The other 50% would go to you alone if you are the only living child of your father AND your deceased brother has no living...Read more »
The prosecutor has mandatory disclosure requirements without even being requested under the procedural rules, and then the defendant has the right to request other discovery under the rules. Both have time requirements for production of evidence. Any disclosures after those time deadlines are late,...Read more »
The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?
If the first case was tried in the District Court, then under the law the losing party can appeal and get a brand new trial in the Circuit Court before a Circuit Court Judge, and obtain a different result that replaces whatever happened in District Court. If the petition was started in Circuit...Read more »
I imagine you were cited under MD Traffic Code 21-604, and if so, you have a reasonably good argument in defense that it does not apply. It’s a bit ambiguous and the ambiguity has to do with the word “turn” but because there is a separate paragraph that permits, but does not require, use of a...Read more »
An unconditional gift is a gift, and that’s your answer, so if the bf can prove it was a gift, then he wins in court. If it’s a he-said she-said scenario, and both are equally credible or there’s no way a judge can decide who’s right, then bf loses. There is another complication: pet...Read more »
No, unless his mother’s will names you specifically, or names his estate as the beneficiary in the event he is not alive. Otherwise, if your husband the sole residuary heir named under the Will, then his mother’s Will will be interpreted as intending to distribute her estate to your husbands...Read more »
Points only stay active on your driving record for two years from the date of the violation. The MVA sends a notice of suspension or revocation based on point accumulation within any two-year period of 8, 12 or more points, or conviction of certain serious traffic offenses (like DUI). Unless you...Read more »
I am administering the estate for my father-in-law and I was named as the executor in his will. PG County granted me special administrative rights so that we could complete the sale of his house. The house went under contract before he passed and sold after he passed -- his will states that his... Read more »
Your father-in-law became the sole owner of the property when his wife died (assuming, as is normal, he owned the house as "Tenants by the Entireties" with his wife). When he died, ownership of the house immediately vested in the estate, meaning the only person authorized to close on the...Read more »
Our original agreement was to review income every year and adjust but since she has had an increase of $43K from the previous year she does not believe that we should use last years income but a projection of what she will make.
Of course you have a basis, as it is stated in the agreement you both negotiated, signed and bound yourselves to follow. Have a lawyer run the guidelines based on the new income figures, send a demand over to adjust the amount, and if there is a court order currently in effect setting forth the...Read more »
The expungement statute provides that you are absolutely entitled to expunge only after 3 years, but gives the court discretion to grant an expungement earlier for "good cause." So, you will need to file a motion setting forth good reasons why you should get the benefit of an expungement...Read more »
I had to go get medical bills, dr.reports, and contact the insurance company myself they tried for almost a year to settle case that being the insurance company but they could not get nothing from this worthless lawyer.
By statute, a lawyer has a lien for the reasonable time and costs expended on a personal injury claim. That lien will be enforceable against the insurance company, another lawyer who settles the case, and against the client who receives proceeds. The amount of the lien may be challenged. The lawyer...Read more »
None of these items alone are illegal. There must be some basis to connect them to illegal drug use. Usually these offenses are supported by evidence of illegal drug residue or proximity to drugs. Chemical analysis is required to prove the residue or alleged drug substance is in fact illegal drugs....Read more »
Any judge in any county might do so, if that seems to be the only way you’ll get the message and stop driving without a license. The prior two convictions and sentences didn’t send the message. A judge will have to seriously consider that you will not get the message this time either. It’s...Read more »
The later of: (1) date the plaintiff suffered harm or damage; or (2) the date the plaintiff discovered, or should have discovered in the exercise or ordinary diligence, that they suffered harm or damage. A civil conspiracy is a combination of two or more persons by an agreement or understanding to...Read more »
You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the...Read more »
The person claiming property was abandoned has the burden of proof to present evidence of abandonment and persuade the judge of that fact. Just because you find a puppy or any other item does not mean it was abandoned. It may have been mislaid, lost, or neglectfully left on its own, without any...Read more »
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