When I filed with the Small Claims Court initially, I had to make copies of my documents to give to the Defendant, which I did and sent them to him via Certified Mail. I need to mark each document with an Exhibit Number, but once this is completed, do I need to resend the same documents to the... Read more »
When appearing in small claims court, I would recommend preparing at least three identical exhibit binders: one for the judge, one for yourself or any witnesses, and one for the opposing party. I would use binder dividers with tabs to separate each exhibit, and include an index in the front. The...Read more »
An injunction was granted against me, small claims case was dismissed. In both cases blatant perjury was committed on both the complaints under oath and In testimony at the hearing. A different state employee is willing to testify to that fact in one area; the other claims are provable such as I... Read more »
Pursuing perjury charges, like all other criminal charges, is totally up to law enforcement agencies and/or prosecutor's offices. Just as in the case of being a victim of a robbery or an assault, you as the victim of perjurious statements should contact the appropriate authorities, and make...Read more »
That question is impossible to answer without seeing the plat and the location of your lot on the plat. While parking on roadways in front of your own house are generally permitted, there are exceptions for certain roadways and you cannot park on the roadway if you lot is located on one of the...Read more »
On my way to work 2+ years ago, I bumped into an SUV in front of me doing less than 5 mph. I am pretty sure there was no damage to either vehicle. I was in my company pickup with the logo on the side. The person tried suing the company when it happened. I no longer work for that company now, but... Read more »
It may depend on which court the original action was filed in. Rules for small claims, Florida state civil court cases which are not small claims cases, and federal district court cases are different. See for example
I have agreed to take on all of the burden of transportation and commute so that my ex’s parenting time and my sons school/doctors/sports dont change. He still refuses to give consent. Our MSA is 11+ years old our two oldest are over 18, there is a line that says I can’t leave the county... but... Read more »
Although he may try to take you to court, you can move wherever you want as long as your remaining child continues at the same school and you do the necessary transportation. Restrictions on moving (like your county provision) are generally not enforced unless they affect the child in a negative...Read more »
I am the party (individual) initiating the action against another individual who operates a business. I have already submitted a statement of claim which was accepted and the process has moved forward. Now I need to submit a pleading and I'm pretty lost.
There are a mountain of various types of pleadings and a lawyer would need to know what you are trying to achieve or if you have been ordered by the court to submit a pleading, then the wording of the pleading. This site is not meant to teach someone how to proceed pro se with litigation. It is...Read more »
I have been attempting to schedule a special set hearing for a Motion to dismiss for a few months, but the opposing party continues to state they have COVID 19 complications and will not be able to present their opposing motion. Can I schedule the hearing? Or do I have to wait for the opposing... Read more »
The plaintiff would like to schedule a special set hearing, but my husband has contracted COVID 19 and is not able to participate in a hearing. I am attempting to assist so he does not lose the case. Do I have to select a date for him since he is not doing well due to COVID 19 or should we contact... Read more »
The first issue is the definition, if any, of "commercial activity" in the city code. There might be a definition that applies to your group even though no money changes hands. If the definition does NOT apply to your group, or there's no definition at all, then the action against...Read more »
I had a special set hearing scheduled and the plaintiff filed a motion for an enlarged extension of time due to COVID 19. Can I make the plaintiff produce medical documentation if I believe they are lying and just attempting to delay the hearing?
I assume you mean rules applying ONLY to acts on school grounds, as such restrictions on acts OUTSIDE of school, with penalties for noncompliance, likely would be unconstitutional. For on-campus activity, there are all kinds of rules for decorum purposes that would withstand constitutional...Read more »
A summons was “served” to my address to someone else in my household. The papers were dropped in the street by the process server without identifying me or even the household member’s identity. They just said they were looking for me and had seen a “lady” outside my house. My household... Read more »
I walked outside of my home this morning to find my car had gone missing. I called the police department to report it had been stolen. The police department stated the car hadn’t been stolen but was rather repossessed. I purchased the vehicle cash from a private owner in 2018. I called the... Read more »
In other words, qualified immunity is a judicial doctrine with no constitutional backing. If Congress explicitly bans its use as a legal defense for government officials in a law, do the courts have to stop using the doctrine altogether?
Good question for a constitutional or civil rights law professor. In my humble opinion, the Courts would have to comply with such legislation unless and until there'd be a successful constitutional challenge to the legislation. Since the qualified immunity doctrine arose via judicial...Read more »
You need to consult a CPA or tax attorney. In general, compensation for physical injury is non-taxable, but compensation for emotional distress is taxable. To avoid tax liability, I'm guessing that the documentation must make clear that it's for physical injury. Search for a...Read more »
1. Several days ago, I was working a late shift at my workpalce. I was let go at an earlier time than scheduled and I was worried that I didn’t get permission to go from the right person. I saw a coworker, sitting down in the breakroom and I thought he could help. He told me that only a lead... Read more »
Early in the morning while inmates were asleep, one inmate took a broom and broke it over the face of a sleeping inmate. Then took the broken end of the broom and hit another inmate sleeping in the next bunk across the head. As other inmates close to the area woke up, the offender paced back and... Read more »
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