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Kansas Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Appeals / Appellate Law for Kansas on
Q: What case law 18 U.S.C. § 1589 examples prove cause to appeal eviction

Plaintiffs signed agreement to dismiss three evictions.

0 Answers | Asked in Libel & Slander, Civil Litigation and White Collar Crime for Kansas on
Q: Defamation Would this DEA agent fall under defamation of character?

John Doe was brought to trial by a DEA agent for alleged intent to distribute. 4 months before trial took place local news outlets somehow acquired information about the trial and John Does name was all over the news. Since said trial is over and settlement was reached to protect John Doe from... View More

0 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Kansas on
Q: I'm looking for cases that where they tried to use Anonymity as a defense in court?

I'm preparing to file an injunction and I'm looking for assistance.

0 Answers | Asked in Animal / Dog Law and Civil Litigation for Kansas on
Q: I need a civil attorney. To get my dog raven back. My mail carrier took her out off my property and put in the mail tru

In the mail truck which own by the post office and drop her off to a friend and won't tell me where my dog is. I was having a panic attack at the he took her.

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Litigation for Kansas on
Q: My deed to my home was in a safety dep.box my sister got the key and took it ,so I need a replacement?
Anthony M. Avery
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answered on Nov 18, 2024

Hopefully it was already recorded. If so, then just get a copy of the recorded deed at the Courthouse. An original deed rarely has any significance.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please exp

On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please explain clearly to me what this means: The court notes the parties' responses to the court's show cause order.

This court lacks original jurisdiction over this... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2024

This is something that a Kansas attorney must advise on, but your question remains open for a month, and you mention that it is very important to you.

I am not familiar with the structure of the Kansas court system, and I am not familiar with the citations of Kansas case law referenced...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Kansas on
Q: Got pulled over and searched my car and got arrested they didn’t find anything
James L. Arrasmith
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answered on Sep 30, 2024

If you were pulled over, searched, and arrested but nothing was found, it's essential to understand the legal basis for your stop and arrest. Police need reasonable suspicion to pull you over and probable cause to arrest you. Without any evidence, your arrest may raise questions about whether... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: Can a city owned cemetery keep me from installing a video-only device on a headstone?

Everything was taken off my grandma’s grave site and placed on top of her headstone. They were in accordance with the policies. None of the other sites around her (in clear violation) were touched. We want to be able to see if/who is vandalizing her grave. The city claims it is not their... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're dealing with a frustrating situation, and I understand why you’d want to install a video-only device to protect your grandmother's grave. City-owned cemeteries generally have the authority to enforce specific rules or policies regarding what can be placed on a... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Libel & Slander for Kansas on
Q: if I was held in holding for 5 days and and then jailed for a week before seeing a judge or knowing the charges.

I was detained for more then 72 hours (4-5 days) in a holding cell with no court and never told of my charges, followed by 1wk in general population before being told I was being charged with felony impersonation of a cop or bails bonds man and then spent another month or so in jail. The real... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you went through a very difficult and unfair experience. If you were held for more than 72 hours without being told of the charges against you or given a court appearance, that could be a violation of your rights. In most cases, after an arrest, you should be brought before a judge... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: I have filed a Protection From Stalking order in the State of Kansas and a temporary order has been granted.

The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More

James L. Arrasmith
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answered on Jun 29, 2024

Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:

1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Kansas on
Q: I was arrested for driving while suspended but my license is valid and has been. What do I do?

I was pulled over by an officer because he said I was doing 40 in a 25 but was approaching a 40 mph sign when pulled over, like 10 yards from it tops. The officer takes my ID and insurance and then comes back and said he was arresting me for driving while suspended. I told him I know I wasn't... View More

James L. Arrasmith
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answered on May 1, 2024

If your license was valid at the time of your arrest and remains so, you should first gather any evidence that confirms this status. This includes screenshots or printed confirmation from the state app showing your license was active and any related paperwork. It's also useful to have a record... View More

1 Answer | Asked in Civil Litigation and Internet Law for Kansas on
Q: What are the limitations for use of public information?

I am sure this is multifaceted but was wondering if things that are public information such as social media, active flight trackers, jail logs, etc. able to be misused? What are the limits to the public records act? I know for some records you must identify yourself and if you do not then records... View More

James L. Arrasmith
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answered on Feb 25, 2024

While public information such as social media posts, flight trackers, and jail logs are accessible to anyone, there are limitations to how this information can be used. Misuse of public information can occur when it is used in ways that infringe upon privacy rights, harass individuals, or violate... View More

1 Answer | Asked in Civil Litigation and Collections for Kansas on
Q: sued by a debt collector,sent certified letter for arbitration to court and attorney a month ago no response,what to do?

Shown up to court each time was rescheduled, next date in Jan

Took all proper steps before the arbitration letter, mo response from court or the debt attorney, should I just file with AAA since I'm not getting answer

James L. Arrasmith
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answered on Jan 1, 2024

If you've sent a certified letter requesting arbitration and haven't received a response from either the court or the debt collector's attorney, it's important to review the arbitration agreement to ensure compliance with its terms. Sometimes these agreements specify how to... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Kansas on
Q: Can I sue resees for beings addictive my husband wanted one so bad he stole a box and got 13 months in prison?

My husband is so unbelievably addicted to reeses candy that he felt the need to steal a box of them to fill his cravings and got 13 months in prison for it.

James L. Arrasmith
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answered on Dec 10, 2023

In Kansas, as in other states, the possibility of suing a company like Reese's for the addictive nature of their product is complex and challenging. The success of such a lawsuit would depend on various factors, including proving that the product is inherently addictive and that this addiction... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: What is the public law as it relates to elected representatives, does a voter have the right or ability to engage with?

I am openly expressing my disagreement with an elected individual and currently have two ongoing lawsuits against them regarding their official role in preventing constituents from accessing government-designated social media pages. The day after the elected individual's attempt to have the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In the context of public law and the rights of voters to engage with elected representatives, it’s important to understand the balance between free speech and harassment or stalking laws. As a voter, you have the right to express disagreement and criticism of public officials, especially... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Kansas on
Q: My neighbors drove across my backyard, for over 3 years damaging the yard & making large,muddy ruts, it became a dirt rd

I contacted them when I became aware of how bad it looked, and goes straight to their door. I was met with rudeness,name calling and absolute refusal to stop

Anthony M. Avery
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answered on Nov 3, 2023

That is how prescriptive use easements are created. Hire a KS attorney to search all adjoining titles near that boundary. The look at filing for an Injunction, and possibly a Declaratory Judgment, amongst any other appropriate remedies. Time is of the essence.

2 Answers | Asked in Foreclosure and Civil Litigation for Kansas on
Q: How do I submit evidence for my trial case with Jackson county courthouse

What are the rules of evidence and procedure for the state of Missouri

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

The Kansas Rules of Evidence can be found on this site at:

https://law.justia.com/codes/kansas/2011/Chapter60/Article4

The Kansas Rules of Civil Procedure can be found on this site at:

https://law.justia.com/codes/kansas/2021/chapter-60/...
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1 Answer | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Kansas on
Q: Can an 'adminstratively dissolved' non profit continue to make and enforce contracts?

Our HOA was administratively dissolved in 2009. We bought our home in 2020. The HOA has yet to reinstate their conpany and are trying to collect dues from us.

Matthew Morris
Matthew Morris
answered on Jul 24, 2022

A short answer is "no and yes."

Here's a longer answer: Any corporation in Kansas, including a nonprofit corporation, will generally lose their ability to engage in the purpose for which they were formed once they have been administratively dissolved. That's the...
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3 Answers | Asked in Civil Litigation, Employment Discrimination and Employment Law for Kansas on
Q: Employment and Covid related laws in the state of Missouri

It was within my 90 days probationary so I’m probably screwed but there was a number of days that I was out due to either quarantine order and childcare being closed due to Covid and I am I was told the entire time that nothing Covid related would count against me I was reassured and then they... View More

Kyle Anderson
Kyle Anderson
answered on Dec 31, 2020

Does your employer have less than 500 employees? The Families First Coronavirus Response Act requires employers with less than 500 employees to provide to all employees two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because... View More

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1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Kansas on
Q: will a superseding incitement expunge an initial indictment?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 9, 2019

In most states a superseding indictment of the same person usually includes all previous crimes stated in the original indictment plus all the new crimes set forth in the superseding indictment. However, the prosecutor is not bound by or confined to anything while drawing up any kind of indictment.

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