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Montana Questions & Answers
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

James L. Arrasmith
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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.

T. Augustus Claus
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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
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 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
James L. Arrasmith
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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 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?

Anthony M. Avery
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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?

T. Augustus Claus
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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

James L. Arrasmith
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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

James L. Arrasmith
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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.

T. Augustus Claus
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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

Anthony M. Avery
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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
T. Augustus Claus
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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
T. Augustus Claus
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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

1 Answer | Asked in Divorce and Family Law for Montana on
Q: I’m in Montana. Recently divorced. How long does my ex have to collect property awarded

I have text an left a 30 day note in property he’s looked through.

T. Augustus Claus
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answered on Jul 17, 2023

In Montana, the specific timeframe for your ex to collect the awarded property may depend on various factors, including the terms outlined in your divorce decree or settlement agreement. These documents typically specify a deadline or a timeframe within which your ex must collect their awarded... View More

1 Answer | Asked in Personal Injury for Montana on
Q: What are my rights for invasion of privacy by anindividual in the state of Montana and Alabama?

How do I know if I have a case and how do I know what type of attorney to contact? At the very least it’s intentional infliction of emotional distress. Both parties gave information to another person of mine with the sole intent to maliciously destroy me or my life in someway. It’s not OK and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

Attorneys in the respective jurisdictions could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It looks like you already have an idea of the legal theories involved, as you mention invasion of privacy and intentional infliction of emotional distress. You... View More

1 Answer | Asked in Insurance Bad Faith for Montana on
Q: Can insurance company change type of claim without proof?
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2023

A Montana attorney could answer best, but your question remains open for a week. It isn't clear what you mean by changing a type of claim. Some additional information would be helpful. But as a general note, when insurance carriers receive claims at the first reports desk (contact customer... View More

1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for Montana on
Q: Is it legal for a construction company to not hire any female laborers?

I inquired about applying at a local construction company. I have worked construction before and have good references. I asked about wage match, healthcare, and advancement, on the public ad the company posted. The owner messaged me privately on his personal account responding to my public comment.... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 8, 2023

You should check with an employment lawyer in your state to verify your legal options. However, please be advised that if you believe you were denied work based on your gender and your employer meets the minimum employee count requirements, under federal law - the Civil Rights Act of 1964, as... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Montana on
Q: What to include in a letter to appellate court to review a case?

My husband was given a public defender when this whole criminal case started and then that public defender had to leave due to medical issues so he was issued another. She was informed of the first public defenders evidence that he believed could have had the case dismissed. It proved that the cops... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2023

The key to any appeal is proving through the appellate record that a court made an error, that you “preserved” your right to complain about that error by timely and properly bringing the error to the attention of the trial judge, and that the error was “harmful” probably causing a different... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Montana on
Q: If I report a possible crime, can police give my name to suspects?

Shortly after reporting a possible Breaking & Entering I witnessed to a local business on my way to work, the local Police came to my job, insinuated I was guilty of a crime and admitted to confirming my identity to the suspected individuals found at the scene. I was not aware I knew them... View More

James L. Arrasmith
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answered on Mar 3, 2023

In general, police officers are required to protect the confidentiality of individuals who report crimes. This is commonly known as "confidentiality of sources" or "informant privilege," and it is designed to encourage people to come forward with information about criminal... View More

1 Answer | Asked in Estate Planning for Montana on
Q: who becomes executor of a trust if executor dies before children reach age to control it?

My ex has terminal cancer her elderly parents are executors, kids wont be of age for 9 years. (age 25)

Nina Whitehurst
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answered on Nov 28, 2022

Trusts do not have executors, so you probably meant to ask who will be the successor trustee if the named trustee has passed. The answer is whomever is named as the successor trustee in the trust instrument. If no successor is named, then a petition will need to be filed with the court to have... View More

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