I agree with the other attorney, but wanted to add. If the child has been in the care of another for 5 years and you've had minimal contact, it would be very unusual for a judge just to terminate the guardianship and grant you custody, although it is possible under the right facts. It would... View More

One of the main factors is whether there was a breach on contract. If the job wasn't performed as specified then there may be a breach. The details of this matter. Did the customer choose this contractor and pay more as they had earlier availability than others? Do they have a special... View More

While you can send subpoenas for information, we normally take care of a lot of this information gathering through other methods. We often send what are called Interrogatories and Request for Production of Documents to the other party. The other party than has about 30 days to return the... View More

If you haven't already, you would need to check your court order to see what you were specifically sentenced to. The judge doesn't have to accept the plea deal or the recommended sentence agreed to by the prosecutor and defendant. Once you have reviewed the court order, you can then... View More

If the Court has stated that the hearing is by affidavit only, then you would need to get court permission to call live witnesses to testify. Generally, the Court won't allow live witness testimony if the Court has previously stated that the hearing is by affidavits only.

You may be... View More

In addition to what the other attorneys have answered, if you believe the lawsuit is time-barred and frivolous, you can file a motion to dismiss and include a request for attorney fees for having to defend against a frivolous lawsuit. If a party is continuing to bring and dismiss a frivolous... View More

You may be incorrect regarding the Statute of Limitations. See Nebraska Revised Statute 25-205 (5 years for a written contract). Then double check the last date a payment was made and the date the latest lawsuit was filed.

Regarding whether responding to discovery in a prior lawsuit... View More

If your court order includes a parenting plan that includes non-harassment language and/or a communication protocol that is being violated, you can potentially file a show cause/contempt action or other enforcement action with the Court to ask the Court to sanction the other party for violating the... View More

Generally the witness must be present to testify as to what they saw, said, or heard. Otherwise it is considered hearsay and hearsay is generally excluded from evidence. However, there are many exceptions where hearsay can be submitted into evidence if it meets the criteria for the exception.... View More

The Nebraska Wage Payment and Collection Act, starting at Nebraska Revised Statute Section 48-1228 is one way for employees to collect wages that they have a legally earned but have not been paid timely. You can find the language of the statute and some cases that have cited it on the Nebraska... View More

Addendum - Just an added consideration. Hopefully, something on the scale of $7,200 in damages would not make it to trial. But if it was not successfully disposed of in pre-trial, that element of not having insurance might not necessarily endear your son to the court. Something to think about in... View More

As my colleague advises, it could worth reviewing things more closely and exploring whether a counterclaim might be worthwhile. According to your post, there is no official report. So Progressive's determination in all likelihood arose from their own insured's statement. Based on the... View More

There is no law that says once you have it in text, you've proven your case. The other party still has the ability to challenge the allegation.

However, additional evidence like this should be forwarded to law enforcement. It may be enough for charges to be filed or to lead law... View More

The answer to your question depends upon whether the text message from the purported vandal constitutes "probable cause" to believe the person committed a crime. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is... View More

If there is a valid easement, then normal use pursuant to the legal easement may be allowed, even if it does create some normal wear and tear (to some extent). If you want to get rid of a valid easement, you may have to buy the rights, the same as you would other types of real estate interests.... View More

In Nebraska, the protection order can include a pet. Once you are served with the protection order, you need to promptly file a request for hearing. At the hearing, you can present your evidence regarding your ownership of the pet and ask for the pet to be returned, along with otherwise refuting... View More

From what you describe, it sounds like you need to file a custody action asap. This is a type of civil action. The longer you wait to file the action, the harder your case becomes. When you file your custody action, then the Judge gets to decide who should have custody of the child. A... View More

It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

If your weapons were seized during a raid on your friend's safe, the county attorney's office has a responsibility to follow proper legal procedures. They cannot ignore you or destroy your property without due process. You have the right to be notified and to challenge the seizure.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:

1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent... View More