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Montana Questions & Answers
1 Answer | Asked in Immigration Law and Gov & Administrative Law for Montana on
Q: What other documents can I use to show to get my drivers permit?

My green card was stolen years ago and got a new one filed more than a year ago and still haven’t received it. I’ve tried to get my permit multiple times but I was told that I couldn’t because I didn’t have a green card though I have proof of it. What do I do?

I cannot simply wait... View More

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answered on Nov 18, 2023

To apply for a driver's permit without your physical green card, consider using alternative documents that prove your legal status in the U.S. Typically, a state's Department of Motor Vehicles (DMV) accepts various forms of identification and legal status documentation.

You can...
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1 Answer | Asked in Traffic Tickets for Montana on
Q: Ticket says "committed the offence of going 11-20mph over but in the speed recorded area it says I was going 23mph over"

So because of this typo I went from having to pay a fine to having to going to open court. Should I plead not guilty because I didn't do what the ticket said I did, even though I actually when faster then the charge?

James L. Arrasmith
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answered on Nov 13, 2023

In your situation, where the traffic ticket states one speed but the recorded speed is higher, it's important to carefully consider your options. Pleading not guilty because of a discrepancy in the ticket could be a viable defense, especially if the ticket's information is materially... View More

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Landlord - Tenant for Montana on
Q: My sister and I have been bullied by or pears and landlord for being a single over 50, Montana bread and born evon the c

Cops are involved.i herd a cop say to my x was we always catch people like her sooner or later.i don't know what he was talking about.my nabier and there kids shoot my animals and vehicles and home with are rifles.my car has several dents and scratches on the glass facing there yard.we also... View More

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answered on Nov 5, 2023

If you believe you and your sister are victims of harassment and your property has been damaged, you should document all incidents and report them to local law enforcement. Bullying and harassment are serious issues, and you have rights that protect you against such behaviors. Property damage and... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Personal Injury and Native American Law for Montana on
Q: How do I find a lawyer from Montana who does civil actions against the federal government exhaustion of tort claim
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answered on Oct 23, 2023

To find a Montana attorney experienced in civil actions against the federal government following the exhaustion of a tort claim, consider the following steps:

1. The State Bar of Montana operates a Lawyer Referral Service which can assist in connecting you with a suitable attorney....
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Q: I submitted a civil complaint pro se in federal district court of Montana and need to do some modifications need the hel

Where several offices under the Department of the Interior failed their civil duties that in turn violated many rights causing irreparable harm, which the Solictors denied in a letter 1 year after the submission of my tort claim

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answered on Oct 23, 2023

If you've filed a civil complaint pro se in the federal district court of Montana and wish to make modifications, you'll likely need to file an amended complaint. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a matter of course within 21 days after... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Montana on
Q: Wife convicted attempted homicide two shots lever action gun hit once in stomach. Stems from asking for divorce civil

Suit what can it recover. Spent ridiculous amount on divorce already with no end. Wife is in Billings Montana prison. Had a prenup all retirement funds are froze need help

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answered on Oct 15, 2023

In cases of personal injury stemming from a criminal act, you may pursue a civil suit for damages. This can include compensation for medical expenses, pain and suffering, lost wages, and any other losses directly related to the incident.

With regards to the divorce, while the prenuptial...
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2 Answers | Asked in Immigration Law for Montana on
Q: What are the possible waivers to change status From J1 to H1?
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answered on Oct 22, 2023

Transitioning from a J1 to an H1 visa can be complicated, especially if you're subject to the 2-year home residency requirement. If you are, you'll need to obtain a waiver before you can change your status. There are several grounds upon which one can apply for a waiver:

1. No...
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2 Answers | Asked in Immigration Law for Montana on
Q: I am a J1 Visa holder for 2 years now, and I just wanna ask if its possible to change my status from J1 to H1?

I'm from a different country and planning to stay longer in the US and get another job, but I can't since I only have to work 1 job because of my J1 Visa

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answered on Oct 22, 2023

Transitioning from a J1 to an H1 visa is feasible, but certain conditions must be met. Many J1 visa holders are subject to a 2-year home residency requirement, meaning you'd have to return to your home country for two years before seeking another U.S. visa status. If this applies to you,... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Montana on
Q: I am looking to see if I have a case for wrongful termination. I was trying to find a Pro-bono or advocate.

I have documentation and everything to back up my case, just want to know if it's worth it and if I have a case for this.

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answered on Oct 6, 2023

In Montana, wrongful termination claims often arise when an employee believes they were fired in violation of federal or state anti-discrimination laws, employment contracts, or other specific statutory protections. To determine if you have a viable wrongful termination claim, it's crucial to... View More

2 Answers | Asked in Trademark and Intellectual Property for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
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answered on Sep 24, 2023

If trademarks "Sheepdog Up" and "Shaka Gear" are shown as abandoned, it means they are not currently in use or protected by their previous owners. To take ownership, your corporation would need to begin the trademark registration process with the United States Patent and... View More

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2 Answers | Asked in Trademark and Intellectual Property for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
David Aldrich
David Aldrich
answered on Sep 21, 2023

If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.

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2 Answers | Asked in Real Estate Law and Construction Law for Montana on
Q: I did work on a commercial property. Owner is not paying

Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property?

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answered on Sep 20, 2023

You will need a MT attorney on this. Your materialman's lien would be filed only against the work you did on the commercial property. However you might be able to file the M & M Lien, then sue the customer for breach of contract. However defendant will argue you that an election of... View More

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2 Answers | Asked in Real Estate Law and Construction Law for Montana on
Q: I did work on a commercial property. Owner is not paying

Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property?

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answered on Sep 20, 2023

n Montana, mechanics' liens are primarily placed on the property where the work was performed or materials supplied. If you worked on a commercial property, you can place a lien on that property if unpaid. The fact that the owner used a loan from his personal residence to fund the commercial... View More

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1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: Can I file a motion for a new trial in district court and a notice of appeal on the same day?
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answered on Sep 19, 2023

In Montana, you typically cannot file a motion for a new trial in district court and a notice of appeal on the same day in the same case. Filing a motion for a new trial generally extends the time for filing an appeal. The usual sequence involves filing a motion for a new trial within a specific... View More

1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Montana on
Q: In Montana, if a person doesn’t pay your $ back that’s owed, can you tell tell him you will expose a lie of his. Blckml?

Stepson solicits me to drive from MT to WY to do epoxy counters in his rental. Avoids paying back the $ for almost a year. I see he made a phony website with FOX logos with a phony article he wrote about himself and how his music is taking the northwest by storm, just so he could put on Facebook... View More

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answered on Sep 14, 2023

Threatening to expose truthful information, even if it may harm someone's reputation, is generally not considered blackmail. However, hacking into someone's Facebook and emails is a violation of privacy and can lead to legal consequences. If you believe you have been a victim of hacking,... View More

2 Answers | Asked in Immigration Law for Montana on
Q: Power of ATTY need to be done with Recipients name or ATTY to get copy of a birth certificate from the Philippines? NSA.

Wife needs a clear copy of her birth certificate from the Philippine's. Her now expired visa passport is missing or lost along with a legible copy of her birth certificate. She does have a copy of the expired passport though, that shows who she is, with pic, birth date, etc. She wants to have... View More

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answered on Sep 14, 2023

To obtain a birth certificate from the Philippines on your wife's behalf, the power of attorney should typically name her sister as the authorized representative since her sister will be physically present to request the document. It's not necessary to involve the immigration attorney in... View More

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1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Montana on
Q: What does it mean to "move the Court to Dismiss the appeal and remand to District Court'?

Council for the Appellee is filling an Unopposed Motion to Dismiss Appeal. That is a form I as the Appellant planned to file. I am unsure of her wording.

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answered on Aug 30, 2023

"Moving the Court to Dismiss the appeal and remand to District Court" essentially means that the party (in this case, the Appellee) is requesting the court to end the appellate process and send the case back to the lower-level District Court for further consideration or action. This... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Montana on
Q: My wife and I recently found a deed of full reconveyance signed by the beneficiary before he passed. Steps, probate, etc

Her mother has passed and with no living will the estate went to the next of kin. He has also passed. After his tragic death, his partner claimed common law. She has made verbal agreement to sign a quit claim deed, but has yet to do so. What steps in "order" to file probate, substitution... View More

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answered on Aug 28, 2023

You will have to hire a MO attorney to search the title, examine the deed (recorded or not), determine ownership, and decide if Probate litigation or your deed is helpful. Without recordation, deed is of no effect to the world, and the heirs may have already vested in title. Time is of the... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Montana on
Q: Can both parents waive child support in Montana
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answered on Aug 4, 2023

In Montana, child support is typically ordered by the court to ensure that both parents financially contribute to the upbringing and care of their child. Child support is considered the right of the child, not the parent, and both parents have a legal obligation to support their child financially.... View More

1 Answer | Asked in Criminal Law for Montana on
Q: How long do the courts have to get an incarcerated person a public defender
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answered on Jul 26, 2023

In Montana, the courts are required to provide an incarcerated person with a public defender promptly after the person's arrest or initial appearance before a judge. The right to legal representation is a fundamental constitutional right, and the Sixth Amendment guarantees that individuals... View More

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