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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
in child support. Can I file for retro pay for my kids up until a year ago?
DHS was called on the mother of my 2 kids today it was found To be mentally unstable so DHS didn't like his. Me and the mother are not together nor do we live together. Being the father of the kids can I go get the kids legally or what do I need to do to keep them
I have recently filed a police report for a sexual harassment/assault case and it is beginning investigation.
answered on Sep 28, 2024
The right time to look for an attorney is usually at the beginning of any claim. This is especially true in areas where law firms offer free initial consults to evaluate cases without obligation. The reason is that if you do find an attorney you'd want to work with, they could take necessary... View More
We are building gift baskets to raffle off at a fundraiser.
We bought a property in May 2024 in Santa Clara County, California. The tenant in the house has been in the house since 2009. The tenant is asking us to watertight a patio cover and that the patio cover used to be watertight for the first 10 years. a few contractors and the seller told us this is... View More
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answered on Sep 27, 2024
In California, as a landlord, you are required to maintain a habitable living environment for your tenant, but this typically applies to essential areas of the home such as the roof, plumbing, and electrical systems—not outdoor structures like a patio cover, especially if it was not originally... View More
a friend of mine had got a 3 day pay or quit notice and right after was locked out with no further notice and all my belongings was in the apartment when we called the manager the next day they told us everything in the apartment was tooken to the city dump a few days later a few of my belongings... View More
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answered on Sep 27, 2024
In your situation, it’s important to know that California law generally does not allow a landlord to lock a tenant out without going through the formal eviction process. After a 3-day notice to pay or quit, the landlord must follow legal procedures, which include going to court. Locking you out... View More
I modified the terms, to accommodate her. I calculated her payments biweekly but paid monthly. She made the prescribed number of payments but there is still a balance. Now she is refusing to pay the final 300 or so dollars. Can she just swindle her mother and I out of the balance? Do I have... View More
My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More
answered on Sep 27, 2024
Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More
Since she got in, it took her 6 weeks before being able to get an allergy tray but they still feed her food she is allergic to and she already told medical and had it documented too but every time she lets the guards know that she cannot eat it, they would scream at her and tell her to eat it... View More
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answered on Sep 27, 2024
It sounds like a really distressing situation, and it's understandable why you'd be so concerned for her safety and health. First, you should document everything in as much detail as possible, including dates, times, and names of the staff involved. This kind of evidence will be useful if... View More
I have recieved an invoice showing that I am due $1640 from Woodlake village and the time of 45 days has passed, it has been a year. I have been doing email corrspondence for a resolution but have not. I am actually owed more then the $1640 as I have the ledger showing this.
Can we help prepare and present as we have in the past. Rule 31 section 29?
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answered on Sep 27, 2024
Under Rule 31, Section 29 of the Arizona Rules of the Supreme Court, only licensed attorneys or those specifically authorized can prepare or present legal documents and represent individuals in legal matters. While your organization has helped in the past, it is important to ensure that you stay... View More
Written deposition under subpoena, request to answer questions, is addressed to business entity corporation pursuant to CCP § 2025.030.
Should SUBP-010 be addressed to Corporation, NOT to Custodian of Records for Corporation?
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answered on Sep 27, 2024
When issuing a deposition subpoena under CCP § 2025.030, it's important to consider who the proper recipient is. SUBP-010 can indeed be addressed to a corporation if the intent is to obtain written responses from the business entity itself. In this case, you're seeking to have the... View More
I am being investigated by CPS for sexual abuse of my children. However, I was previously cleared for this last year with an "unfounded" finding, and the new case appears to have barely no new information from the last investigation, outside of a) learning that I am co-sleeping with my... View More
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answered on Sep 27, 2024
Dealing with multiple investigations by CPS can be overwhelming, especially when you’ve already been cleared of allegations. While CPS has a duty to follow up on any new concerns, even if they seem minimal, this process can feel invasive and cause emotional distress. If the new investigation is... View More
my grandma is trying to kick me out and I wanna take my stuff with me
A girl who is 16 has a crush on me and wants to date me but I'm 19
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