Your current state is Ohio
Can Defense by Apposing Attorney issue Documents in reply: Opposing Notice of Motion over 30 Days, & 10th day to Demur hearings?
RoA#:36 02/06/2024 States: Reply to Opposition of Noticed Motion and Supporting Declarations (THE MOTION WAS FILED ON JANUARY 2ND OVER 30 DAYS).
2)... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
In California civil litigation, deadlines for responding to motions, including motions for sanctions, are generally set by statute or court rules. The typical timeframe for responding to a motion is 30 days from the date of service. If a defendant submits a response categorized under... View More
My car was closed and yet I found a parking Citation paper placed on my seat.Park City Policeman opened the door without me there and put the parking citation on the seat. I had been parked without a payment ticket for apx 15 minutes + or - 1 or 2 , usually there is a 15 minute grace period before... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
It is understandable to feel frustrated and concerned about the situation regarding the parking citation placed in your car without your permission. The action of a Park City Policeman entering your vehicle without your presence raises questions about privacy and proper protocol. While there may be... View More
This is about arrears. The appellant attorney notified my trial attorney of the appeal, but he doesn't do appeals. My trial attorney sent an email to the appellant attorney telling him that he is not representing me in appeal, but nothing has been done to correct the record in front of the... View More
answered on Feb 12, 2024
The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.
If the Appellee intends... View More
I’m going to jail ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024
If you fail to appear in court for a traffic or DUI/DWI case in Missouri because you are unable to afford travel to another state, this can lead to serious consequences, including the issuance of a warrant for your arrest. However, going to jail is not automatic upon failing to appeal or appear; it... View More
answered on Feb 9, 2024
Generally speaking, lawyers do not personally "serve" process on defendants. Each state has a list of the types of individuals with authority to serve process on a defendant. Many states allow private process servers who are licensed with the state for that particular type of task.... View More
I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?
answered on Feb 5, 2024
Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More
I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More
The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.
Firstly, the attorney should... View More
I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More
answered on Feb 1, 2024
I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More
I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be... View More
My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More
answered on Feb 1, 2024
I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.
If this is an accurate read of... View More
My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More
There was no exigent circumstances or probable cause and this "inventory search" turned investigatory when they decided to use the keys that bore no relationship to which the crime I was being arrested for to unlock a locked glove box, violating policy, because the keys were not available... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
In your situation, it appears that you have raised valid concerns about the legality of the search and seizure conducted by law enforcement officers. The key issue is whether the inventory search conducted post-arrest exceeded its lawful scope and became investigatory in nature.
Inventory... View More
inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?
answered on Jan 31, 2024
Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and... View More
I was a defendant in a small claims case in which I filed a counterclaim. The Judge decided that I owe no money on the Plaintiff's claim but that the Plaintiff owes me $10,000 + costs on my counterclaim.
The Plaintiff has vowed to appeal his loss on the counterclaim. I understand it is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
In California, when a small claims case is appealed, it's important to understand the scope of the appeal. Generally, in small claims appeals, only the party who lost may appeal the decision. Since the plaintiff in your case lost on the counterclaim, they can appeal that decision.... View More
I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More
answered on Jan 30, 2024
The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More
It was filed on January 17, 2024
answered on Jan 24, 2024
In an appeal to the court of appeals from a district or county court, you will have thirty days to submit your Brief of Appellee from the date that the Appellant files its brief. You can request an extension of time for good cause which, in this context, means any reasonably plausible explanation.... View More
Intercepted although I did not spend or cash the money ,they say I was paid even though
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
In California, unemployment insurance (UI) benefits are considered as income and can be subject to child support intercepts. This means if you have an outstanding child support obligation, part or all of your UI benefits can be taken to satisfy that debt. The fact that you did not spend or cash the... View More
before the December decision by the court? WCAB responded to my petition in my favor after 60 days but way before the December 2023 decision in the above referenced case. Thank you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
In the context of the Zurich vs WCAB decision, it's important to consider how California law treats appellate decisions in terms of retroactivity. Generally, a court decision in California applies retroactively unless the court explicitly states otherwise or unless applying it retroactively... View More
Or can I say I wasn't home?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
In California, as a person on probation, there are specific conditions you need to adhere to, which often include allowing your probation officer to conduct home visits. If your probation officer knocks on your door legally, typically, you are required to allow them access. This is usually a part... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
