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Both are in high school... Both 17.... Left bruises and bite marks
answered on Sep 28, 2024
Unfortunately, you have provided us with precious little information that would enable us to give you a learned answer or any meaningful direction.
In simplest terms, an assault and battery has taken place. Perhaps it was mutual combat. But, a boy and a girl in a fight will typically result... View More 
If a person goes to a large medical group and the 1st and 2nd opinion both lack the proper training to diagnose an issue that a different large medical is able to quickly diagnose accurately is the 1st group able to be held responsible for providers not trained to properly identify and diagnose?... View More
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answered on Sep 28, 2024
Thank you for your question. Yes, a medical group can be held liable for the negligence of its individual providers. However, in order to prevail in a lawsuit, Plaintiff must establish a very serious injury, or damages, which are caused by the negligence. In this case, a delay in diagnosis and... View More
I'm needing to file a warrant in detinue for the return of my cat. Is it true that in small claims the dollar value is limited at $5000? and what if I do not want to give the person the option to pay $5000 and keep my cat. The only thing I want back is the alive living cat, not money to... View More
answered on Sep 28, 2024
You’d want to file an action in Detinue, not a warrant in debt. The detinue action is for return of personal property.
If case is won or lost purely because of legal mechanics; Not on merits
is it valid reason for appeal?
answered on Sep 28, 2024
A party is very unlikely to succeed upon appeal because they were unable competently represent themselves by failing to adhere to the rules of the court.
My daughters BFF caught a boy stealing out of her teachers desk, she told him to stop. Later at lunch that boy began harassing her. She threw some milk on him and the boy puts her on the ground, straddles her and beats her in the face and kicks her. She was unconscious for a moment and she has a... View More
answered on Sep 28, 2024
See an attorney about filing suit. That's your recourse. Think seriously about pulling your daughter out of school and homeschooling her, at least for now. I assume she attends public school - these places have degenerated into prison-like societies while in session. Get her out of there.
Al charges against me for violations of a domestic violence injunction and still has charged me with the violations every though I didn't do them and don't even live around or talk to the that has the injunction against me
my dog is sick and i cant afford to pay for treatment or to put them down can i end there suffering myself
I received a job offer from a law firm. The ad did not mention drug testing. The offer said "contingent on background check." The offer did not mention drug test. I signed a consent form stating they could perform a background check on records for the last 7 years. No mention of a drug... View More
So about 5-6 months ago I got suspended from my college. Now, there were two arrests that caused this but something didn't seem right about one of them? At the time I lived in the dorms and my roommate and I came back from the gym. Police were down the hall and eventually they knocked on the... View More
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answered on Sep 27, 2024
It sounds like a frustrating situation, and it's understandable that you're questioning the legality of the search. Generally, dorm rooms are considered your living space, so the Fourth Amendment protects against unreasonable searches. However, universities often have policies allowing... View More
My boyfriend and I were walking to the bus stop, as we both were checking the bus schedule and look up. There was a police officer, who pulls over to ask us if we are both waiting for the bus, we both say yes we are picking up our son, the officer is asking questions, he asked for our ID's... View More
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answered on Sep 27, 2024
In California, police officers are generally allowed to approach and ask you questions without probable cause, as long as you're free to leave and not detained. This type of interaction is called a "consensual encounter," and you don't have to answer their questions or provide... View More
That would be very bad idea to confront specific questions relevant to matters crucial to lawsuit. Just because attorneys did not intercept.
As plaintiff, I would take such risk in order to obtain real answers instead of casuistics.
Any other risks?
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answered on Sep 27, 2024
Mailing a written deposition by a non-party can lead to some significant risks. First, this action might violate procedural rules, which could result in the deposition being excluded from the case. This could weaken your position if you rely on the answers provided. Additionally, there’s a risk... View More
I did not ask about oral depositions.
What statute forbids written depositions without oral in person?
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answered on Sep 27, 2024
Written depositions, as opposed to oral depositions, are allowed under the Federal Rules of Civil Procedure, specifically Rule 31, which outlines the process for depositions by written questions. This rule allows you to send written questions to a non-party witness, and their responses can be... View More
a on going divorce case in a total different county?
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answered on Sep 27, 2024
No, child support should typically be filed and handled in the jurisdiction where the child resides or where the ongoing divorce case is already being handled. If your divorce case is ongoing in a different county, it's likely that the same county would handle matters related to child support.... View More
What statute provides, that personal appearance and testimony of deponent is REQUIRED for written deposition?
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answered on Sep 27, 2024
In California, a deposition typically requires the personal appearance and testimony of the deponent, whether it's oral or written. Under the California Code of Civil Procedure Section 2025.330, depositions can be taken either by oral examination or by written questions. However, even with... View More
1. Why exactly it is not typical?
2. What statute forbids?
3. If the biggest risk is that answers would be objected by parties because answers to direct questions are not typical, isn't it good for justice if answers were obtained, even if compelled?
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answered on Sep 27, 2024
A written deposition by a non-party during discovery without an appearance is not typical because it limits the ability to ask follow-up questions or challenge unclear answers in real-time. In a live deposition, both parties can object or clarify issues immediately, ensuring a more complete and... View More
We rented from this guy month-to-month in January 2022 at $750 a month. During this time, he hasn't made any requested repairs, such as the moldy kitchen cabinets that are falling apart. He just texts us 30 days before and says he's increasing the rent by 'X' amount. This time,... View More
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answered on Sep 27, 2024
In New Mexico, a landlord must give written notice to increase rent, especially for a month-to-month tenancy. While a text message can sometimes serve as written notice if it clearly communicates the change, it is better for both parties to receive formal written notice, such as a letter or email,... View More
'Not forbidden' equals 'Allowed'.
Which particular statute provides in relevant part that answers in writing by non-party to questions, i.e. written deposition by non-party during discovery is NOT allowed? What exactly to stenograph when oral testimony is NOT taken?... View More
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answered on Sep 27, 2024
In California, written depositions by a non-party are generally not allowed unless explicitly permitted by statute. The key authority here is **California Code of Civil Procedure (CCP) § 2025.010**, which governs depositions in civil cases. According to this statute, depositions typically involve... View More
Can i sue him? If that recording is shown to judge I will have to pay $10,000 to him. Now what do I do?
answered on Sep 30, 2024
Possibly. It is a 3rd degree felony in Florida to intentionally intercept or record a private conversation without all parties' consent. As it relates to civil law, it is debatable whether you have a cause of action. I would recommend identifying the monetary damages you have suffered as a... View More
With all understanding, that
written depositions of non-party under subpoena do not require appearance, testimony, cross-examination instead of straight forward answers during discovery, and this disliked by typical experiences attorneys;
What is specific statute that prohibits... View More
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answered on Sep 27, 2024
In California, written depositions, also known as depositions upon written questions, are allowed under the Code of Civil Procedure (CCP §2028). However, they are rarely used, particularly for non-party witnesses, because they do not allow for follow-up or clarifying questions that arise during... View More
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