Get free answers to your Civil Litigation legal questions from lawyers in your area.
The case was dismissed without prejudice. Does this mean that on appeal an amendment of the Complaint would not be possible?
answered on Mar 6, 2017
"Without prejudice" means you can refile the case with a new complaint. Amendments of a complaint are not permitted at the appellate level. The fact that the dismissal was on grounds of futility makes it less likely new case would withstand a 12(b)(6) motion to dismiss.
Can the District and Appeals Court judgment be overturned in the Supreme Court of the US through a Writ of Certiorari?
answered on Mar 5, 2017
If you did not file a motion for the district court to change venue, then there is nothing for the appellate court to review.
Had lawyer give me a contract for services flat fee 8,500.00. Then a couple of days later after I paid the flat fee says she has a revised contract with hourly fee and and will be cheaper I said ok if it saves me sure. However after everything was over she billed me additional 3000.00 I feel like... View More 
answered on Jan 6, 2017
It depends on whether you and your attorney discussed the modified fee arrangement, and you authorized the modification, before the modification was made. Your summary suggests that you discussed and approved the modification. If so, there is probably not much you can do. Also, are there any... View More
I think recording is legal as their is not expectation of privacy. I don't think it's littering. It is abandoned property, so I'd expect it to be kept if found. Trespassing (I think it's kind of a public spot)? Anything else?
Thanks!
answered on Dec 1, 2016
It is likely illegal. If it is private property, then it is trespassing, even if it is a public parking lot. It is not abandoned property if you do not intend to abandon it. If it is recording sound, it will likely violate the wiretapping laws.
We have two horses boarded in Virginia.. we have paid for this months board and given notice we want to leave and plan on leaving the farm before the end of this month. The owner wants us too pay for the full month of december as well because she says we have to give 30 days notice.
answered on Nov 29, 2016
It depends on what the contract says. It is impossible to say for sure without studying the contract.
i was in going straight and the other vehicle was turning left, but was standing really close to the line when i drove off my door scrap against their door. police officers came no tickets are blame were given the motorist drove off and i went on my way that was 2 years ago now i receive a lawsuit... View More
answered on Jul 29, 2016
VA Code 20-49.10, Relief from legal determination of paternity, is available here: http://law.lis.virginia.gov/vacode/title20/chapter3.1/section20-49.10/. It appears to have been enacted in 2001. A parent who believes he is not the father may petition the court to disestablish paternity under... View More
Do we have to comply with the request before the lawsuit is filed. Virginia nonstock corp
answered on May 18, 2016
Impossible to say for sure without knowing all the facts - perhaps you have a contractual obligation to turn over documents in anticipation of litigation. If you know a suit is incoming, it'd be best to hire an attorney now and have him/her handle the prep and help plan your strategy. Good luck.
answered on May 13, 2016
An oral waiver of a jury should be sufficient to proceed with a bench trial (judge only). It would help to know more about what type of case your are discussing (civil or criminal). If the person asking has/had an attorney, and if the trial has not taken place yet, he/she needs to discuss it with... View More
answered on Feb 29, 2016
You'll have to give a bit more information in order to receive any general feedback on statutes of limitations. What do you mean? Theft of personal property? An agreement or contract to buy/sell personal property? You can always search for a general practice attorney for a quick... View More
answered on Feb 13, 2016
Generally lie detector tests are inadmissible in court due lack of reliability.
answered on Feb 6, 2016
Unless the opposing party posted a bond, winning a case in court gives a party only a piece of paper called a judgment. That piece of paper may not be worth anything - it only give the winning party the right to collect on the judgment. The judgment should be recorded in the clerk's office... View More
Can the plaintiff come back later and re-open the civil case?
answered on Dec 29, 2014
"As satisfied" likely means the parties represented to the court that the moneys due were paid. Whether the case can be reopened depends on whether that was a dismissal or a judgment for the plaintiff/defendant and how old the case is.
answered on Oct 8, 2014
The term "a diversity action" refers to particular characteristics a lawsuit has se as to permit it to be heard in federal courts. Under Article III of the U.S. Constitution and U.S. law, Federal Courts only have jurisdiction over cases in certain circumstances. One of those circumstances... View More
I don't have any other info about the case, only what I suspect. My neibor from downstairs contacted our condo office about the leak in his bathroom and later my land lady had been asking me about this. I've explained to her that that bathroom has not even been used and it appears there... View More
answered on Feb 10, 2011
It is normal for a subpoena to be taped to your door, this is called posted service. A subpoena, if prepared by a proper officer and served properly functions as a court order. If responding is merely inconvenient, then there is little an attorney can do for help. If instead you have information... View More
answered on Jan 31, 2011
If you have been properly served interrogatories under Virginia rules in a pending action, then you must provide responses in accordance with Virginia rules.
If you have no understanding of your rights and obligations in the discovery process you need to hire an attorney.
answered on Jan 11, 2011
Yes, they can object. Timing of the objection is important. the other Defendants need to consult with an attorney immediately.
answered on Jan 17, 2011
It depends in part on what court you are in. Generally you file a motion with the reasons why the subpoena should be quashed and serve it on all the parties' counsel in the case. You also have to notice a hearing.
Timing is a major issue.
I would not recommend any person... View More
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