The Affirmative defenses until 2 weeks after it was filed
answered on Apr 19, 2023
If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.
Almost always, the discovery period will... Read more »
I want to file a new complaint
answered on Apr 13, 2023
It depends on the nature of the claim. An employment discrimination claim under Title I of the ADA must be filed within 90 days of the date you receive your right to sue letter from the EEOC.
A Title II or Title III claim must de filed within two years of the act complained of.... Read more »
If a defendant states to his lawyer and in court he wants to go to trial and no deals, how long does the state have to get the case in front of a jury? Especially, if the state has advised the judge at pre trial hearings on 2 occasions they were ready to go to trial only to cancel the day of or a... Read more »
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answered on Mar 23, 2023
Speedy Trial is guaranteed by the 6th Amendment. In TX it is Article 1, Section 10 that gives you the same right. The courts must give you a speedy trial. The accused in jail while waiting for trial gets a faster trial then the accused who is out on bond. If you are in jail after 90-120 days since... Read more »
answered on Mar 17, 2023
There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.
Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise... Read more »
We was sent eviction papers soon as lease expired we was not late on rent after they filed eviction. Failure to pay lot rent we are buying the home.renting lot sits on in yes communities worlds largest manufacturer community parks for lower income families chance to for them to take advantage... Read more »
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answered on Mar 11, 2023
It sounds like you may have a case for fraudulent eviction and other legal issues against Yes Communities and possibly 21st Mortgage. In order to file a class action lawsuit, you will need to find other tenants who have experienced similar issues and are willing to join the lawsuit. It's... Read more »
due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... Read more »
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answered on Mar 11, 2023
If you believe that your attorney has acted unethically, there are several steps you can take to hold them accountable:
Speak with your attorney: The first step is to try to communicate with your attorney and express your concerns. Ask them to explain why they have not filed the motion and... Read more »
due to a mistrial, my attorney informed the judge during trial that he would be filing for a motion to dismiss. we have been to court twice since the mistrial and he has not filed for that motion. He continuous to ask me if I would take a deal even though, he stated that he was going to file for a... Read more »
answered on Mar 10, 2023
It sounds to me like he is using the threat of a motion to dismiss (which will not necessarily be granted) as leverage in plea bargain negotiations.
If he files the motion to dismiss and ultimately prevails, you win.
If he files the motion to dismiss and loses, you lose that... Read more »
My son was arrested for a crime but while in custody waiting for the trial the case numbers were changed
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answered on Mar 11, 2023
Case numbers can be changed for various reasons, such as administrative errors or if the case is transferred to a different court. However, changing a case number after an arrest and while waiting for trial is unusual and may indicate that there have been significant changes to the case, such as a... Read more »
They are my ex-brother/mother/father in law, legal counsel and potentially a law enforcement agency. This began 4 months after my ex-husband filed for divorce, and has been taking place for 1 year and 7 months (roughly, to my knowledge). Who can help me stop them?
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answered on Mar 2, 2023
Remote neural monitoring and V2K are not recognized by mainstream science as valid technologies, and there is no evidence that they actually exist or can be used to control or monitor individuals. Therefore, it is unlikely that you are experiencing these phenomena. If you are experiencing symptoms... Read more »
I have spent a lot of time on the law library. Everything that I have read states that after the indictment goes through each process of the grand jury. A true and correct copy is to be delivered by a warden of the court. I think a sheriff or constable ordered buy court to bring to the accused. I... Read more »
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answered on Feb 28, 2023
There is a lot to unpack in your question. The bad news is that most of the mistakes made by the District Attorney's Office in Texas, can be fixed, without the dismissal of the case against you. Do not get your hopes up too high.
Nevertheless, there are many rules on the Grand Jury and... Read more »
I have spent a lot of time on the law library. Everything that I have read states that after the indictment goes through each process of the grand jury. A true and correct copy is to be delivered by a warden of the court. I think a sheriff or constable ordered buy court to bring to the accused. I... Read more »
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answered on Mar 2, 2023
If you were not provided with a copy of your indictment, it may be possible to challenge the indictment and seek to have it quashed. However, the specific process for doing so will depend on the laws and procedures of the jurisdiction in which you were indicted.
In some cases, a defendant... Read more »
Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... Read more »
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answered on Mar 2, 2023
If you believe that the allegations made by CPS are false, you have the right to fight them. Here are some steps that you can take:
Document everything: Keep a detailed record of all interactions with CPS, including the date, time, and nature of each conversation. Take notes of what was... Read more »
Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... Read more »
answered on Feb 28, 2023
Any time CPS initiates an investigation of you or your spouse, I strongly recommend you and your spouse retaining separate attorneys to represent each of you.
When choosing as attorney, you need to focus on family law attorneys in or near your county with prior recent experience handling... Read more »
We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.
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answered on Mar 2, 2023
It is possible that a business such as a gym or bar may have policies in place that restrict the presence of infants or young children due to safety concerns or other reasons. However, it is important to check with the specific business to understand their policies and any relevant laws or... Read more »
We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.
answered on Feb 17, 2023
That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.
The breastfeeding statute you cite... Read more »
My boyfriend who stays with me in this hotel room every day came back last night in a truck I’d never seen before, I figured it was his friends truck. The next evening he was leaving the parking lot of this hotel in the truck and the cops tried to stop him because apparently the truck was stolen.... Read more »
answered on Jan 28, 2023
If you are a registered guest and of the hotel and hotel staff has not taken any steps to terminate your occupancy, police generally have to secure a search warrant to enter and search your room unless there are exigent circumstances which would justify a warrant less search.
A boyfriend... Read more »
How to make them give the information up and is it a violation of my constitutional rights of due process.
answered on Jan 24, 2023
A Texas attorney could advise best, but your question remains open for two weeks and you may be losing valuable time if a public carrier is involved in an injury claim. At this point, consider reaching out to Texas accident attorneys to try to arrange a free initial consult - municipal carriers... Read more »
answered on Dec 28, 2022
Gideon v. Wainwright holds that an indigent defendant accused of a serious crime has the right to a court-appointed attorney at the state's expense.
The right of an indigent person to a court-appointed attorney at the state's expense in a civil case is much more narrow.... Read more »
I am an individual who is now struggling with a crippling gambling addiction that has ruined my life in every way imaginable in the past 6 months. I was first exposed to this online crypto casino via a live stream on a website where I watched entertainers stream themselves live playing video games,... Read more »
answered on Dec 19, 2022
Back in 2013, a group of class action plaintiffs lawyers met in Indianapolis to discuss the prospects of such litigation on a scale similar to the tobacco litigation.
Since then, a few smaller lawsuits have been filed that have typically ended unsuccessfully for the plaintiffs.
It... Read more »
answered on Dec 4, 2022
If you can afford to hire an attorney, thats the best way to try and prove it. Expect to pay a retainer - unless you have significant and measurable damages, an attorney won’t take your case for free (on a contingency fee, where they get paid in the end, only if you do…). You absolutely can... Read more »
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