Sunday, January 24, 2010

Within the Uk can you represent yourself in respect of a civil case if you can not afford a barrister?

I feel we have a pretty good case in a civil matter. I have researched some of the legal side of the case and it seems to fit the necessary criteria of law and I am sure a judge would find in our favour. However, to employ legal representatives is costly and I am wondering if I could represent myself personally without the services of a barrister. The case is relatively simple and I do not see why the services of a barrister are required in order to bring the matter to a close. I have put matters in the small claims court before and won so I see no reason not to do the same in this instance.Within the Uk can you represent yourself in respect of a civil case if you can not afford a barrister?
Yes you can, but it is not recommended. You should leave that to the professionals. They do that for a living, and you pay them if you win something.

How long does it take for a lien to show up in your name, from judgment in a civil case?

If someone was awarded an amount of money in civil court, how long would it take for it show up on the credit report of the person that has to pay it? How long does it take for a lien to show up in your name, from judgment in a civil case?
It could take less time then you really know.


but if your the one that have to pay out the money your looking at the most 30 to 60 day's.How long does it take for a lien to show up in your name, from judgment in a civil case?
Once there is a judgment, it has to be recorded which is only a matter of days. Once it is recorded it will show up in a credit report immediately. A lien is different. It has to be filed and recorded and sometimes people don't get around to it for awhile (or maybe they do). Once the lien is recorded then it will show up immediately.
It really depends. The courts have companies that report to the credit agencies, some do it faster than others. I have had cases show up with in a month, and others it has taken 6 months.





Liens have to go through the recorders office, and sometimes the creditor finds it a pain to do the ';leg'; work so it takes a little longer.





Good Luck.
first of the month but the lien if the atty is worth his salt would attach to your real estate that day

Can a person be found guilty in a criminal case and found guilty in a civil case for the same crime?

Can a person be tried in a criminal case and found guilty and serve time in prison and also be found guilty in a civil case for the same crime and pay a compensation to the plaintiff.Can a person be found guilty in a criminal case and found guilty in a civil case for the same crime?
Yes, absolutely, they are two separate cases. The punsihment in the criminal case satifies his debt to society, whie the judgment in the civil case satisfies his debt to his victim.Can a person be found guilty in a criminal case and found guilty in a civil case for the same crime?
In the u.s., the answer is yes. The civil judgment is not punishment, like the criminal conviction, but it just an order to pay a debt.
It happens every day!!

I received a subpoena for witness in a civil case to which I am not a party - do I need an attorney?

It's a divorce related case. I expect I'll be asked ';have you ever seen so and so do this, that, or the other thing';. What kind of questions should I expect, and do I need an attorney present to represent me? Will I be asked anything that my attorney would object to me having to answer? I'm not a party to the case, and have no involvement in the divorce (other than being deposed). Thanks in advance!I received a subpoena for witness in a civil case to which I am not a party - do I need an attorney?
No attorney should be necessary. You are a witness- your only exposure is to one or the other of the parties, who may not like your testimony.





Unless it is a nasty divorce- you probably will not be placed in the middle of anything. But- (a) be truthful, (b) answer simple ';yes'; or ';no';, (c) do not elaborate. Do not talk beyond answering the question.I received a subpoena for witness in a civil case to which I am not a party - do I need an attorney?
You do not need an attorney to represent you, unless you think you will say things that could incriminate you criminally for something. In those cases the judge will herself advice you, rarely happens in a civil case.
If you are not on trial you will not need a lawyer. You will be asked questions about the relationship of the parties involved.

How long does the discovery period of a federal civil case take? how long after that will there be a trial?

I was hit by an 18-wheeler in September of 2005 and have incurred hundreds of thousands of dollars worth of medical expenses. What does my time table look like the complaint was filed in august?How long does the discovery period of a federal civil case take? how long after that will there be a trial?
It depends on a number of different factors. The discovery phase of a civil case can take years to complete sometimes, especially if the opposing attorney is not very cooperative. If the complaint was filed in August and there is no chance of a settlement, you be looking at 2,3, maybe 4 years before it goes to trial.How long does the discovery period of a federal civil case take? how long after that will there be a trial?
Evory month
Look at it this way when it comes to any level of Governemnt, they only do 2 things with any speed at all.





1.) Pass themselves payraises.


2.) Raise our taxes.
Check out a legal website like NOLO.com, LawGuru.com, and many, many others- it could take significant research on your part, nobody out here can give you the correct answer to such a complex situation without all the details. Look up Federal Civil Procedures and the answer may be there too.
I concur with Crazy Kid. 2 to 4 years is a likely time frame.





Unfortunately, you may be in the position of having to accept less than you hope for in order to get a quick payment. The two things to remember if you go down that path is that, if you go to trial, you will probably have to pay a bigger share to your attorney -- and you might not get as much as you hope.
  • beauty secrets
  • If I there is a criminal case , which I assisted the Police to file, can I file a civil case the same time?

    The individual in question has confessed to the police and the Federal Government is involved. Should I start to file a civil suite to protect myself. This has to do with embezzlement.If I there is a criminal case , which I assisted the Police to file, can I file a civil case the same time?
    Yes, however you may want to wait until after a conviction is entered, so long as the statute of limitations hasn't run. If convicted you don't have to prove the facts of the embezzlement.If I there is a criminal case , which I assisted the Police to file, can I file a civil case the same time?
    You file a civil case if you suffered damages caused by the person in question. If you were a victim of the person, then you should/could file a civil suite. If the victim was a neighbor, employer or other, then you would not file a civil suite.





    Perhaps you could repost your question with how you were victimized by this person and why you feel the need to ';protect yourself';.

    If I there is a criminal case , which I assisted the Police to file, can I file a civil case the same time?

    The individual in question has confessed to the police and the Federal Government is involved. Should I start to file a civil suite to protect myself. This has to do with embezzlement.If I there is a criminal case , which I assisted the Police to file, can I file a civil case the same time?
    You file a civil case if you suffered damages caused by the person in question. If you were a victim of the person, then you should/could file a civil suite. If the victim was a neighbor, employer or other, then you would not file a civil suite.





    Perhaps you could repost your question with how you were victimized by this person and why you feel the need to ';protect yourself';.If I there is a criminal case , which I assisted the Police to file, can I file a civil case the same time?
    Yes, however you may want to wait until after a conviction is entered, so long as the statute of limitations hasn't run. If convicted you don't have to prove the facts of the embezzlement.

    Is it the defendant or plaintiff that has the right to waive a jury trial in a civil case?

    Who holds the right to wiave the jury trial and upon what is it based? (US constitutional law)Is it the defendant or plaintiff that has the right to waive a jury trial in a civil case?
    In a CIVIL case, the laws of the states vary with regard to waiving jury trials. In general, consent of both parties is needed.Is it the defendant or plaintiff that has the right to waive a jury trial in a civil case?
    The defendant. It is a practice of law and not a regulation, statute or code.
    The Constitution guarantees an accused person the right to a trial by a jury. If you are the accused person, that is the Defendant, only you can waive that right.
    Defendant. He has the right to a jury trial, and also the right to waive that right.

    How is the level of proof in a criminal case different from a civil case?

    criminal law


    In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. (There are exceptions. If the defendant wishes to claim that he/she is insane, and therefore not guilty, the defendant bears the burden of proving his/her insanity. Other exceptions include defendants who claim self-defense or duress.)





    In criminal litigation, the state must prove that the defendant satisfied each element of the statutory definition of the crime, and the defendant's participation, ';beyond a reasonable doubt.'; It is difficult to put a valid numerical value on the probability that a guilty person really committed the crime, but legal authorities who do assign a numerical value generally say ';at least 98% or 99%'; certainty of guilt.





    civil law


    In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the defendant. For example, when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence.





    In civil litigation, the plaintiff wins if the preponderance of the evidence favors the plaintiff. For example, if the jury believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, the plaintiff wins. This is a very low standard, compared to criminal law. In my personal view, it is too low a standard, especially considering that the defendant could be ordered to pay millions of dollars to the plaintiff(s).





    A few tort claims (e.g., fraud) require that plaintiff prove his/her case at a level of ';clear and convincing evidence';, which is a standard higher than preponderance, but less than ';beyond a reasonable doubt.';How is the level of proof in a criminal case different from a civil case?
    Beyond all reasonable doubt in a criminal case


    On the balance of the evidence in a civil case


    When you say it quickly it seems to say the same but their is a huge differenceHow is the level of proof in a criminal case different from a civil case?
    In simple terms;





    Civil = On the balance of probability.





    Criminal = Beyond all reasonable doubt.
    In a civil case the judgement has to be by a preponderance of the evidence and a majority of the jury.


    In a criminal case the jury jhas to decide unanimously and on evidence which is beyond a reasonable doubt.In a 12 man civil jury case it takes 7 jurors to reach a verdict.


    In a criminal case it takes all 12 without exception.
    in a criminal case you must be found guilty ';beyond a reasonable doubt.'; In a civil case it is a ';preponderance of the evidence'; meaning more likely than not...basically 50.1%. The criminal level is much more difficult to achieve.
    Ask OJ .................................
    In a civil case the level of proof is based on the ';level of probability'; in a criminal case it is based on ';beyond a reasonable doubt';. because the penalty for criminal cases of guilt usually means imprisonment so guilt must be beyond doubt before someones freedom is taken from them. In civil cases the ';panel'; decide on the facts before them if it was probable that the person committed the offence etc. Probability has a lower level of determination or proof.
    In a criminal case, the legal burden of proof is upon the prosecution to prove all elements of the offense which is generally beyond a reasonable doubt. In a civil case, the legal burden of proof is ';preponderance of evidence'; generally thought to be greater than 50%. That's the difference in proving a criminal case vs. a civil case.
    In UK Bear has given the correct answer
    preponderance of evidence and proof beyond a reasonable doubt
    Beyond reasonable doubt





    Balance of probabilities





    If in a criminal case there is a defence or excupultary matter, the standard is balance of probabilities. If the defence/EM is established, the prosecution need to dis-prove beyond a reasonable doubt.
    all agree in criminal





    7 of 12 agree in civil.
    Guilt or innocence must be shown 'beyond a shadow of a doubt' in a criminal case.





    In a civil case, just a 'preponderance of evidence' is necessary for a verdict.





    What is the difference between criminal and civil court?


    Criminal Cases





    Criminal acts are those that go against the rules of the Criminal Code or against another federal statute (e.g. the Controlled Drugs and Substances Act). In Canada, a criminal act is legally seen as an offence against the state, even though there may have been a specific individual who was the victim of the crime.





    In a criminal trial, there are two sides: the prosecution and the defence. The prosecution brings the case to trial. The lawyer who prosecutes is called a Crown, or Prosecuting Attorney. ';Crown'; refers to his or her role as representative of the state.





    If there is a victim of the crime, that person will have their own legal representation. The Crown Attorney is not their lawyer. If they have a role in the trial, it will be as a witness to the crime.





    The person charged with committing a criminal act is called the accused or the defendant. The accused has the right to represent him or herself, but is most often represented by a defence lawyer.





    A person accused of a crime is presumed innocent until proven guilty. It is the prosecution's job to prove beyond a reasonable doubt that a person is guilty. If the prosecution is unable to do this, the accused is acquitted and set free. The rights of the accused person are guaranteed in the Canadian Charter of Rights and Freedoms.





    If an accused person is found guilty, they will receive a sentence, or punishment. This could range from a small fine to a long time in prison, depending on the crime. The death penalty is not practised in Canada.





    Civil Cases





    In a civil case, both parties are called litigants. The person who brings the issue to the courts is called a plaintiff, and the person responding is called a defendant.





    Suing a person or an organization is done through civil law. Family Law and Labour Law are both examples of civil law.





    If a civil claim is ruled valid, the judge will likely state how the problem can be fiexed (ie. name a rememdy) Depending on the case, the judge might tell the defendant to pay the plaintiff damages, make a public apology or stop a particular activity or action. For example, if you had filed an action against a newspaper for publishing incorrect and harmful information about you, a judge might tell the newspaper to print a correction and an apology and to pay you for the loss of reputation that you had suffered.





    What's the difference between a civil and a criminal conviction?





    QUESTION:





    O.J. Simpson is NOT guilty as judged by criminal court. Yet a civil court held him accountable. I see him as NOT a murderer. So, how is the civil court's determination different from the criminal? And is O.J. still NOT guilty of murder?





    ANSWER:





    You are not alone in being confused about how a person acquitted of murder in a criminal trial can be held liable for a victim's wrongful death in a civil trial.





    The first step to understanding this seeming contradiction is to know that a criminal prosecution involves different laws, a different court system, and different burdens of proof. Specifically, the definition of first degree murder in the context of the O.J. case requires that the act be done deliberately and with a great deal of malice directed toward the victim. And to convict in the criminal court, the case against the defendant must be proven beyond a reasonable doubt.





    In a civil case for wrongful death, on the other hand, you have to show only that the defendant was legally responsible for the death. But, to get punitive damages, as the plaintiffs did in the O.J. case, you have to show that the defendant acted recklessly. The burden of proof in a civil case is preponderance of the evidence -- a much lesser burden than is required in a criminal case.





    So, while a criminal jury might reasonably fail to find guilt beyond a reasonable doubt and acquit the accused, a civil jury might also reasonably find by a preponderance of the evidence that he or she acted recklessly and should be held civilly accountable for the death.





    Is the former football hero Orenthal James Simpson a murderer? A civil jury found it more likely than not that he caused the death of his wife and her friend. A criminal jury was unable to find beyond a reasonable doubt that O.J. committed first degree murder. Seen this way, there is no contradiction.

    Getting someone subpeoned in a civil case?

    I am attempting a cross country civil case, and have to do it all myself. I was not sure how to go about getting someone subpeoned? I am familiar with many of the workings in the family court system, but not this. Thanks.Getting someone subpeoned in a civil case?
    You need a process server in the area to serve the summons.Getting someone subpeoned in a civil case?
    Call the Sherriff's (sorry about the spelling) Department in whatever county you want it served. They often will do it for a fee or at least they can point you in the right direction.

    Does appeals court for a civil case guarantee a different judge?

    I'm in Orange County, CA and tried to get a non-paying tenant evicted. Unfortunately, our lawyer was not as prepared as he could be a the judge ruled against this.





    As part of the appeals process, is it guaranteed to have a different judge?Does appeals court for a civil case guarantee a different judge?
    The last I heard the oposite was true, you have to appeal to the same judge.
  • blue eyeshadow
  • Does anyone know what the standard judgment in NY is for a civil case?

    I signed an agreement in court to pay $40 per month to pay off approx.$2500. I lost my job and was unable to pay it for 3 months. I started working again recently and the law firm put a restraing order on my account. I didn't know that they could do that but they told me that that's the ';standard judgment';.





    Is there a website I can go to or maybe someone who has some knowledge as to what this is.Does anyone know what the standard judgment in NY is for a civil case?
    Its the equivalent of an Attachment of Earnings Order in the UK. Basically, the judgement creditor is entitled to recoup from the judgement Debtor (you) the sums owed under the judgement from the income your receive.





    It's a common means of enforcing a judgement, but there's no such thing as a 'standard judgement' in a civil claim in NY (or anywhere else, come to think of it)

    What statute allows a civil rule or case law in one state to be applied to a civil case in another state?

    None.





    Case law from one jurisdiction is not ';binding precedent'; on a court in another jurisdiction.





    It can, however, be quoted as ';persuasive';, or just to illustrate how the judge developed his logic in the case.





    For example... If the Law Lords (The English equivalent of the US Supreme Court) ruled on a matter on July 3rd, 1776, then that ruling is binding precedent on American courts, unless a later law has invalidated it. (And yes, many rulings going back that far or even further are still ';good law';).





    If the Law Lords didn't rule until July 5th, 1776, though, then that ruling is not binding on an American court. BUT, that doesn't mean that an American judge can't read the ruling, decide ';Yes, they were right in that ruling';, and then quote it in his own ruling - he just isn't bound by it.





    RichardWhat statute allows a civil rule or case law in one state to be applied to a civil case in another state?
    My best guess!


    Amendment 7


    In Suits at common law, where the value in controversy shall exceed twenty


    dollars, the right of trial by jury shall be preserved, and no fact tried by a


    jury, shall be otherwise re-examined in any Court of the United States, than


    according to the rules of the common law.

    If I was assulted on private property do I have a civil case againts the owner of the property?

    I was assaulted on the state fairgrounds in 2001 and nothing was done to the people who did it. I was just wondering if I had a case against the fairgrounds for not providing enough security?If I was assulted on private property do I have a civil case againts the owner of the property?
    All you want is compensation from some one- anyone- It dosen't mater if The fair grounds didn't do anything to you. Sue the guy that hurt you?If I was assulted on private property do I have a civil case againts the owner of the property?
    Could be, but the statute of limitations may have run after 8 years. SOL for torts is usually 2-4 years. But check with a lawyer licensed in your state.





    EDIT: Premises liability is present whenever the property owner is on notice of potential hazards. Having a fair on the property without security is an invitation for trouble.
    no.just against the people.

    How do you subpoena documents in a civil case?

    Need to know. Thanks!How do you subpoena documents in a civil case?
    Your lawyer files the proper paperwork. Simple as that, unless the other party contests it, in which case there is a hearing to determine the validity of the subpoena.How do you subpoena documents in a civil case?
    Federal or state? and if state, what state?





    It's going to vary from state to state.





    Generally you need to either fill out a court form or a form you type up on pleading paper (the legal paper with numbers down the side), then get the court to stamp it to make it official. Depending on what kinds of documents you need, etc etc, there may be other forms or steps you need to take.





    Try going to your local public law library to look up civil procedure in your state. They might also have a sample subpoena. Here's a list:


    http://aallnet.org/sis/sccll/membership/libraries.htm
    The judge does, you have to convince the judge one is necessary.
    ask for a subpoena
    You file a written request

    After criminal charges are filed Can the victim still file a civil case?

    If criminal charges were filed and dismissed (a misdeamonr). Can the victim still file Civil charges to regain loses?After criminal charges are filed Can the victim still file a civil case?
    Sure of course you can file a civil suit against a person criminal charges are filed against. However, you still have a statute of limitations issue to deal with so you must make sure that you have timely filed suit in your civil case.





    Remember the burden of proof in a criminal case is beyond a reasonable doubt, which is the highest burden of proof. However, in a civil case the burden of proof is preponderance of the evidence which is a much lower burden of proof standard necessary to prove ones case.





    Just because the burden of proof was not proved in a criminal case lets say (I know you said the criminal case in your example was dismissed) that does not mean in a civil suit that the proof would not be met. Think about the O.J. Simpson case were the criminal case said he was ';Not guilty'; (which does not mean he was innocent but only the evidence against him was not proved to the juries satisfaction beyond a reasonable doubt. However, in the civil suit brought against Mr. Simpson he was subsequently found responsible and liable for the deaths of Ron Goldman and Nicole Brown Simpson. The standard of proof was lower in the civil case.After criminal charges are filed Can the victim still file a civil case?
    Yes. Criminal and civil cases are 2 separate things. You may have a civil cause of action despite the criminal case being dismissed.
    Definitely....most do if the perpetrator has any money.
    yes because burden of proof is much lower.
    Yes.





    The burden of proof in a civil case (preponderance of evidence) is less than in a criminal case (beyond a reasonable doubt).





    This is why OJ Simpson was found not guilty in criminal court for murder, but liable in civil court for wrongful death.
    Absolutely. An individual can file any type of lawsuit they wish. It's ultimately up to the Judge or a jury to decide if the case is a valid one. There are motions that can be filed in order to have a frivilous lawsuit dismissed, but anyone can file anything they wish as long as it is in the proper format and venue.
    Simple answer: yes.

    What is effect on my credit, to have a judgment against me in a civil case. Is it better to pay to settle?

    the case, as far as credit is concern? Would the fact that the suit was filed already have any effect? They already filed a lien on my house. Thanks.What is effect on my credit, to have a judgment against me in a civil case. Is it better to pay to settle?
    anything in the ';public records'; section of your credit report will lower your score. If they have already filed then it is probably already on your report.If you want your score to go back up you will have to pay it and then have it removed.
  • blue eyeshadow
  • Can a Civil Case be Dismiss because the Plaintiff was in the hospital while their case is still open?

    Best answer yes or no and an explaination of their response will receive the points?Can a Civil Case be Dismiss because the Plaintiff was in the hospital while their case is still open?
    As best as I can figure, your question is this:





    If a Joe is in the hospital because of something John did, and Joe and John have a civil case in the court system, can that case be dismissed because Joe was in the hospital. . ..





    A case isn't typically dismissed JUST because of a hospital stay.Can a Civil Case be Dismiss because the Plaintiff was in the hospital while their case is still open?
    No. Someone (i.e., attorney) can represent him. There is no reason the plaintiff has to be present in court.
    being in the hospital can cause a postponement, if they have representative showing proof. if no one shows up and there isn't any body to make a claim, yes, it can be dismissed
    Based on the information limitations of your question the answer cannot be totally conclusive.


    Technically if the plaintiff does not appear during a court hearing the case can be dismissed. However, if the plaintiff notifies the court of the apparent inability to attend due to a hospital related issue the court can adjourn and postpone the hearing in which case there would have to be legal representation.


    You can't just show up a week later and say you were in the hospital and you want the case revisited.


    Clarify your question for a more specific answer.


    Follow up.


    The plaintiff being in the hospital alone is not grounds for a dismissal. You are evading the specifics but it sounds as though a court date needs to be set and I would strongly advise you to get legal consultation. Are you the defendant or the plaintiff? The plaintiff can press charges and have legal representation regardless being in the hospital.
    Yes, no? What do you want to hear?


    The case could have been dismissed without prejudice which means that the Plaintiff is free to bring the case back to court at a later date.

    Can I issue subpoenas as my own counsel in a civil case with my HOA?

    I am being sued by my negligent HOA. I cannot afford an attorney so I will be representing myself in court. There are several people I want to subpoena as witnesses in my case. Can I, as a ';lay'; person issue subpoenas and if not, how do I go about getting them issued since I am my own counsel?Can I issue subpoenas as my own counsel in a civil case with my HOA?
    Yes, you can subpoena individuals.





    Here is the catch: You have to know how to fill out and file the subpoena request and the Sheriff does charge a fee for it. The court will not assist you.





    You'll have to pay that up front.





    PS: Be very careful about who you subpoena and for what. A person can sue you and collect for their lost day from work if you subpoena them for a frivolous case or something that they legally cannot testify to.Can I issue subpoenas as my own counsel in a civil case with my HOA?
    You may have to hire a private process server.

    Can a person be found not guilty by reason of insanity in a Civil Case?

    Especially in a tort case and not have to pay. Or even better yet, a debtor who owns the bank money. The debtors purchase with the money and appearance in court evident insanity. Could he/she be found not guilty of the charge and not have to pay?Can a person be found not guilty by reason of insanity in a Civil Case?
    Well, you are not exactly asking the question as it should be asked, but I think I understand it. Say for instance, a person wants to borrow money from a bank and applies for a loan, the bank checks his credit and it tuns out it is okay and the bank extends him a line of credit of $50,000. The debtor spends the $50,000 for fun things and within a month all the money is gone and he never makes a payment.





    Bank sues the debtor in civil court to recoup its losses. Debtor shows up a with a medical certificate, having previously been determined an incompetent (having no legal capacity to contract) because of his mental condition (insanity).





    A prerequisite to any contract is the capacity to contract, minors with certain exceptions (when they are dealing with necessity (food)) lack legal capacity to contract, so do certified mental incompetents. Therefore, if this person was indeed a certified incompetent the contract would not be enforceable against him personally, but they may sue his or her conservator to get to his funds, if he has any. This is the type of question the State Bar may ask.





    It is a very thoughtful question, but you should note that in civil law, there is no such thing as guilty or not guilty, we say you are liable (responsible) or not liable for the damages. Also, having been declared (judged) mentally incompetent would show up on credit reports, so no chance of fooling the banks there.Can a person be found not guilty by reason of insanity in a Civil Case?
    A person is NOT found guilty OR not guilty in a civil case. They are found LIABLE or not liable. Insanity is NOT a defense in civil cases. On the other hand, it is possible to be 'judgment proof'. That essentially means you have NO assets or income that can be taken to satisfy the judgment.





    Edit: The self proclaimed lawyer has convinced me he IS a lawyer. He over analyzed the question beyond all meaning.
    I am not a lawyer... but I think not. Defendants using the insanity defense have to prove they were incapable of distinguishing right from wrong. I've only seen it used in criminal cases.
    What are you? Nuts?
    ';Not Guilty'; applies to criminal cases only. So no, you can not be found ';not guilty'; in a civil case.





    In a civil case - you are found liable or not liable. The standard in a civil case is a ';preponderance of the evidence'; not ';beyond a reasonable doubt'; like in criminal court. As such, the standard is lower in civil court than in criminal court. That's why OJ was found ';not guilty'; in the criminal proceeding but the Goldmans/Browns were awarded a very large economic judgment in the civil case against Simpson.

    Can a jury in a civil case ignore the law and can that case be appealed? what about for a criminal case?

    Please explain as thoroughly as possible.Can a jury in a civil case ignore the law and can that case be appealed? what about for a criminal case?
    No and Yes





    A jury can not rule on matters of law. Only on matters of fact. As it happens juries will occasionally forget this and try to change the law. This is called jury nullification. If it is obvious they were doing this a judge will usually set aside the jury verdict and issue a different judgment. If not, the case can be appealled. Remember that the winner in a jury trial is given the benefit of assuming all of the facts are true during appeal. This means only issues of law can be appealed.





    Can a jury in a civil case ignore the law and can that case be appealed? what about for a criminal case?
    Yes


    Yes


    Same as above

    Where can i review a complete report on enviromental civil cases?

    i searched alot and only found the summary..


    this s the case i want to see the whole report


    Case 'tiled by State of Wisconsin, against United Waste Systems, Inc., alleging a failure to comply with DNR Order 2A-73-719 in that united Waste Systems did not install a~groundwater monitoring system or leachate removal system,.did not submit full site engineering plans or, in alternative, did not close landfill by dates specified in order. Case closed on May 10,1985 via an Administrative Consent Order, entered into between Wisconsin Department of Natural Resources and Waste Management of Wisconsin, Inc.1 requiring implementation of groundwater and leachate monitoring programs. May 16, 1985, Stipulation and Order for Dismissal upon terms whereby WMWI agreed to pay $6260 civil penalty and $41,740 forfeitura. PLEA DISPOSITION ITEM flATE: VIOLATION: $35,00 0.00 PENALTYWhere can i review a complete report on enviromental civil cases?
    If you want the full decision, you can try a general internet search (use correct legal citations), I would imagine this case is State of Wisconsin v. United Waste System, et al (1985)





    But generally speaking you need access to legal databases in order to find complete decisions - like WESTLAW or LexisNexis. If you are in college many schools have free memberships (I still use my undergrad lexisnexis account) for students.

    What goes into an opening statement in a civil case?

    I am getting ready to write my opening statement for a mock trial and i have no clue what to put into it to make it sound convincingWhat goes into an opening statement in a civil case?
    Restate the charge, recap the facts, convincing statement, closeWhat goes into an opening statement in a civil case?
    Ok.





    The opening statement is your opportunity to show what you believe the evidence will demonstrate.





    ';The evidence will show that Ms. Smith was drunk when she ran into the wal-mart store';





    So ...





    While you cannot make an argument, you highlight what you believe the evidence will show.





    Point by point





    So that you can finish with:





    And after the case is over, the evidence will compel you to return a verdict in favor of my client, [name], and award him a billion dollars in damages (or in favor of my client and find that he was not responsible for the action).





    It is almost (almost) a closing argument. Not quite, though, because you are only allowed to summarize what the evidence will show, not make an argument. Most lawyers skirt this rule by starting every sentence with:%26gt; and the evidence will show that ...








    Good luck.
  • blue eyeshadow
  • What is the difference between a civil case and a criminal case?

    A civil case involves private disputes between persons or organizations whereas criminal cases involve an action that is considered to be harmful to society as a whole.





    Example:





    Civil: One person or organization suing another for not living up to a written contract. The claimant must prove his/her case with a '; preponderence of the evidence.';





    Outcome: Judgement awarded, dismissed with or without predudice.





    Criminal: One person or several people breaking into the house of another person and stealing tools. The prosecutor must prove his/her case ';beyond a reasonable doubt';





    Outcome: Dismissal, guilty, not guilty, hung jury, mistrial.


    Result: Prison, jail, fine, probation, acquitted, appealWhat is the difference between a civil case and a criminal case?
    The main difference is the evidence in a criminal court has to be beyond a reasonable doubt so therefore if a juror has any doubt about their guilt they can either have a mistrial or be found not guilty.





    In a civil court the defendant isn't facing incarceration so the evidence can have reasonable doubt this is why their is usually a civil case after a high profile individual is found not guilty in a criminal court.





    Such as the OJ Simpson case and Robert Blake's both were found innocent of murder in criminal court but found guilty of wrongful deaths in civil courtWhat is the difference between a civil case and a criminal case?
    The first, really long answer above doesn't seem to apply to this question. The second one is correct, but the easiest way to remember the difference is this:


    criminal: jail time/fees from government.


    civil: sue for money.





    If, let's say, OJ Simpson killed his wife, then in the criminal case, the state would determine his GUILT and decide whether to jail him or not. But in a totally different action, the wife's family could sue OJ civilly for him being LIABLE for money damages (let's say for wrongful death or intentional tort or something).





    Does that make sense?

    My civil case against another person was dismissed in superior court by a judge who is a friend?

    of the opposing attorney, ( i was pro se ). i was never allowed oral argument. nor was i ever given a proper hearing where i could argue my case. i motioned the judge to reconsider, but he denied my motion.


    can i ask for a new hearing? if not, what can i do to have my case heard properly, where i will be allowed to provide my evidence?My civil case against another person was dismissed in superior court by a judge who is a friend?
    Although the situation you describe, having a judge rule in your case when (s)he is a friend of the opposing attorney, may in your mind create the appearance of impropriety, I have to tell you that, from a legal perspective, it probably does not. Judges see particular defense attorneys in their courtrooms often enough and over long enough periods of time that it would be absolutely impossible to create rules forbidding them to be friends with attorneys who appear before them, particularly when they may have many lawyers as friends when they first become judges (from law school, from private practice, and other social situations).





    However, it is a very serious thing to allege that a judge has been influenced in his or her decision by the fact that a lawyer in one of their cases is a friend. Rule 3.5 of the ABA Model Rules of Professional Conduct states:


    A lawyer shall not


    (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;


    (b) communicate ex parte with such person except as permitted by law; or


    (c) engage in conduct intended to disrupt a tribunal.





    Being someone's friend does not violate this rule; you would have to have reason to think that the friend in question sought to influence the judge by some prohibited means, for instance, trying to bribe him or her, or something of a similarly serious nature. Without knowing more about your situation, and based on your description, that does not seem to be the case here.





    It sounds to me as if you have already asked for a new hearing and you were rejected. You can, of course, appeal. Without knowing which court you were in (federal, state, which state....) I cannot tell you what the specific rules are for filing an appeal. I can tell you in a very tentative way that sometimes you have ten days to file notice of intent to appeal, but do NOT go by this alone, because court rules vary quite a bit.





    However, I should tell you that filing an appeal will probably not give you the type of hearing you seem to want- in which you can say what you want, talk about whatever evidence you choose to bring up- at least, not right away. There is an expression- trial courts try defendants; appellate courts try the trial judge. On appeal, you can (generally) ask the higher court to review the lower court's decision for clear error, or perhaps make allegations about the lawyer in question violating Rule 3.5 if you have some solid reason to think there was a violation. However, appeals courts are not the place to bring up new evidence, make new arguments, bring out witnesses or documents. That is the kind of thing for a trial court, alone.





    If your case was dismissed without a hearing, then your suit must have been found to fail to state a claim, or something similar. If by some chance it was dismissed without prejudice, or with leave to file again, then you *might* be able to redraft your complaint and file it again, but it sounds to me like going it alone would not be your best move, here. If you really do have a case and you were not able to state it on your own the first time, then filing pro se is not going to be a good idea. I would suggest you take your case to an actual lawyer as quickly as possible.





    Disclaimer: I am a lawyer, but not yours. I suggest you consult a lawyer with more specifics about your situation.

    Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant?

    Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant than it is for the state (prosecution) in a jury trial against the defendant?Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant?
    Civil trials and criminal trials have different burdens of proof.





    In a civil trial, the plaintiff is only required to prove with a ';preponderance of the evidence'; that the defendant is guilty. This is usually explained to the jury as ';more likely than not';, or in numerical terms, more than 50% likely.





    In a criminal trial, it has to be proved beyond a reasonable doubt that the defendant is guilty. There is no good or approved explanation of what this means, and it is very difficult for a judge to instruct a jury on exactly how sure they will be. But it is considered to be a much stricter standard than the more likely than not. I mean, ask yourself, if you have to decide something by knowing beyond a reasonable doubt that it something is or is not correct - you're going to have to be almost certain.





    The reason for this difference in burden is of course because the consequences of being convicted in a criminal trial is much larger than in a civil trial.





    Edit:





    Just to correct one statement made below. Whether hearsay or not is allowed in a trial is not at all relevant to whether it is a criminal or civil trial. In general, hearsay evidence will only be allowed if it is a bench trial (meaning no jury, the judge makes all the decisions). The argument for this is that a judge is less likely to be manipulated or distracted than a jury might be.Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant?
    Civil cases can, at maximum, only award damages to a plaintiff in a monetary form, and even then, there's still the hassle of collecting. In a criminal case, the government has overpowering resources to impose its penalty, which includes not only monetary fines, but removal of rights, such as personal freedom, and even life in some cases.
    They are two different standards of proof.





    Civil Case: preponderance of the evidence





    Criminal Case: Beyond a reasonable doubt.





    For example: OJ preponderance of the evidence linked him to the scene and that is pretty much all they needed. Where as in the criminal trial they had to prove he did it. So link him to the scene, murder weapon, capacity to do it, etc...
    The standards of proof are easier for civil case. It's the ';preponderance of the evidence'; vs. criminal which is ';beyond a reasonable doubt.';
    because hearsay evidence is admissible in a civil suit where in a criminal case it is inadmissible

    Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant?

    Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant than it is for the state (prosecution) in a jury trial against the defendant?Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant?
    Civil trials and criminal trials have different burdens of proof.





    In a civil trial, the plaintiff is only required to prove with a ';preponderance of the evidence'; that the defendant is guilty. This is usually explained to the jury as ';more likely than not';, or in numerical terms, more than 50% likely.





    In a criminal trial, it has to be proved beyond a reasonable doubt that the defendant is guilty. There is no good or approved explanation of what this means, and it is very difficult for a judge to instruct a jury on exactly how sure they will be. But it is considered to be a much stricter standard than the more likely than not. I mean, ask yourself, if you have to decide something by knowing beyond a reasonable doubt that it something is or is not correct - you're going to have to be almost certain.





    The reason for this difference in burden is of course because the consequences of being convicted in a criminal trial is much larger than in a civil trial.





    Edit:





    Just to correct one statement made below. Whether hearsay or not is allowed in a trial is not at all relevant to whether it is a criminal or civil trial. In general, hearsay evidence will only be allowed if it is a bench trial (meaning no jury, the judge makes all the decisions). The argument for this is that a judge is less likely to be manipulated or distracted than a jury might be.Why is it somewhat easier in a civil case for the plaintiff in a jury to gain success against the defendant?
    Civil cases can, at maximum, only award damages to a plaintiff in a monetary form, and even then, there's still the hassle of collecting. In a criminal case, the government has overpowering resources to impose its penalty, which includes not only monetary fines, but removal of rights, such as personal freedom, and even life in some cases.
    They are two different standards of proof.





    Civil Case: preponderance of the evidence





    Criminal Case: Beyond a reasonable doubt.





    For example: OJ preponderance of the evidence linked him to the scene and that is pretty much all they needed. Where as in the criminal trial they had to prove he did it. So link him to the scene, murder weapon, capacity to do it, etc...
    The standards of proof are easier for civil case. It's the ';preponderance of the evidence'; vs. criminal which is ';beyond a reasonable doubt.';
    because hearsay evidence is admissible in a civil suit where in a criminal case it is inadmissible

    How to reopen a civil case I won in 1980?

    I won a civil case against the unemployment office of cleveland oho and was unaware I had won the decision to give me unemployment payments due from Veterans Hospital where I worked and was fired unjustly. I left there in 1979 and went to work at the US Postal Service and happened to look up civil case in the county records and found this judgement. What can I do?How to reopen a civil case I won in 1980?
    Too late.





    Usually you have a year or less to present any claim.





    After more than 20 years you were declared a ';no show'; long time ago.





    You can't re-open the case becasue you already ';won';; your case was seen by the court and they ruled in your favor.





    So it's not their fault that you never showed up. They are not going to start all over again because you forgot about it.How to reopen a civil case I won in 1980?
    When a party is awarded a judgment in a civil lawsuit, there are post-judgment remedies available until the judgment becomes dormant. In Texas, a judgment becomes dormant ten years from the date of the judgment or, if a writ of execution was issued during the ten year period, ten years from the date of issuance of that writ.





    Just winning a lawsuit is not as important as following up timely. It appears that you waited far too long to take any effective action.





    To be sure, you may consult your attorney, though not necessarily the attorney who may not have followed up after the judgment.
    You need to find out if it was ever served, and If it was, who got it,and why it was not served on you then you would have a clear case to get your money, plus interest. I would check to see who if any money was paid on it and then contact the State of Ohio and also a Attorney.

    I have a pending civil case in Az. I need to find a contingency fee lawyer. How do I find one?

    How do I find a lawyer or recent law graduate to help me with my case. I live in Indiana.I have a pending civil case in Az. I need to find a contingency fee lawyer. How do I find one?
    Get a referral from the local Arizona Bar Association where the case is going to be filed.
  • blue eyeshadow
  • In a California Civil Case, does the defense have to pay the prosecution's lawyer fees if they lose?

    My roommates have been harassing me and doing illegal things in the apartment. I'm bound to a lease with them, but have refused to stay and pay rent under the fact that the apartment is uninhabitable for me. Now my roommates want to go to court because I'm not paying rent, and I don't have any physical evidence of their illegal activity, but I do have tons of witnesses. The only thing I'm scared of is that I'll have to pay their lawyer fees if I lose. Can they tack their lawyer bill to me if this is the case?In a California Civil Case, does the defense have to pay the prosecution's lawyer fees if they lose?
    Procecutors do not work in civil courts.


    The plaintiff in a civil case can ask the court that the defendant pay the plaintiff's attorney fees. That might only happen if the plaintiff wins.





    If they take you to small claims court (most likley), no attorneys are needed and therefore no attorneys fees will be granted by the court.In a California Civil Case, does the defense have to pay the prosecution's lawyer fees if they lose?
    If the case goes to Small Claim Court you wont have to pay legal cost of anyone.





    If the case goes to regular Civil Court then you might be required to pay the legal costs if you lose (but it's up to the Judge to require you to do so or not).





    And it's not ';prosecution's lawyer'; it's ';plaintiff's lawyer.';

    What happens if I ignore a summons for a civil case because it's out of state?

    School suing me for money for a class I dropped. They say I owe 25% I disputed it with them and they decided to simply take me to court. Can they garnish wages if I'm not able to fly to the hearing?What happens if I ignore a summons for a civil case because it's out of state?
    They will win by the default and most likely they will try to collect using collection agency. If the sum is small they will report it to the credit bureau. Normally they will not go after your wages do not tell them where you work, But it is sometime better to settle, offer them some money and see what happens.What happens if I ignore a summons for a civil case because it's out of state?
    fly...would it not be advisable to just pay?


    why get a bad hit on credit and such over something you will have to pay anyway?
    If you are not able to fly to the hearing, then you need to contact the court and ask for a continuance. Even though you are in another state now, for the purpose of the lawsuit, you are still considered under the jurisdiction of the court where the school is.





    If you ignore the summons, then it will be decided in favor of the school, and they will garnish your wages or do whatever they need to do to collect their money.
    dont go and send your money instead. That is what happens when you don't show for court.
    If you do not appear or hire an attorney to appear on your behalf, they will win by default,





    If they win and get a judgement, yes they can attach your bank accounts ( take all the money from any checking or saving) and they can also garnish your wages.
    If thery win they can and if you don't show they will win.....
    They can get a warrant for your arrest.


    This is serious so either pay up what you owe, or contact them and plead for mercy and give them a weekly payment plan...or borrow it from your family or credit card!
    Whatever happens, they will not issue an arrest warrant. That is for a criminal summons.
    ask your lawyer what the next step ought to be.


    If you totally ignore it, a bench warret t will be issued, and sooner or later the man will come and take you away.
    they could take from your pay.but most likely you'll have a warrant


    out for your arrest.and know a dayswhen you get looked-up by


    the police your picture will come up on they're screens in they're


    patrol cars.that way the know for sure they've got the correct person.now if you already got pickd-up for this,and had to be bailed don't fool around,thats even worst.make sure you show.


    you should show anyways,but if you need more time to work things out try and miss the date.but be good in the mean time so you don't get caught for missing it.some people have all the like


    and can get away with doing that kind of stuff,and others may get caught right off the bat.but when you do miss things,it cost you more in the long run,for the courts can make you pay more fees.


    good-luck...i think you'll do what's right,call a lawyer and get some free advice..the courts also have some if you need one called a lawyer for a day,and some that go by your income.
    you will lose by default and judgment entered against you so yeah they could garnish wages or whatever

    Can i petition a superior court judge in a civil case that he dismissed on me without hearing oral argument?

    to allow me a hearing for oral argument?Can i petition a superior court judge in a civil case that he dismissed on me without hearing oral argument?
    You don't have a right to oral argument. Often times, a judge can decided on the papers. clearly, yours weren't good enough.Can i petition a superior court judge in a civil case that he dismissed on me without hearing oral argument?
    Why was it dismissed?

    Is the plaintiff in a civil case dismissed without prejudice required to notify the defendant with a summons?

    I went to court in Sept. and recently got a court notice for the same case on March 19th but nothing from the plantiff. I thought it was a mistake and the case was over. I also have to change the date...how do I do that?Is the plaintiff in a civil case dismissed without prejudice required to notify the defendant with a summons?
    Without prejudice means they can refile the case. If it was refiled then you would have to have been served again, if continued, only the court sends you notice. You'll have to ask the court for a change of date. As all states are different, call the clerk of the court in the district where it's filed and ask what you need to do to get a change of date. You'll probably have to go there to do it. While you're at it ask the clerk if a summons was issued and if so, who accepted it. The case should be public information now that it is filed and on record so if you ask nicely, you can probably get the clerk to tell you whatever you need to know. Good luck

    Can I file a motion to have my civil case reopened?

    I was the plaintiff (pro per) in an uninsured motorist case against my insurance company and, after making numerous motions, they've now succeeded in having my case dismissed based on my failures to attend depositions. Nevermind that I was injured and couldn't meet their time frames...I simply need to know what the chances are that I can have this case reopened and how.Can I file a motion to have my civil case reopened?
    That depends on the exact law in your jurisdiction. If you can show valid reasons why you couldn't attend those depositions; ie, you were having surgery, then you should be able to get the judge to give you another crack at it. However, given that dismissal is an extreme sanction and courts are loathe to do that for discovery violations, I suspect there was more to this dismissal than just missing a deposition or two.





    If your case was dismissed without prejudice, you can always re-file as a new case. And I'd highly recommend you get an attorney this time around; its better to pay the attorney and get less money than you expected than to get your case tossed out again.Can I file a motion to have my civil case reopened?
    You can try. If you call it a motion to have the case ';re-opened'; you will not get relief because the judge will not know what you mean. If you disagree with a judgment, you can appeal or in some states you can move to reconsider the judgment. If it is based on the notion that the judge or the insurer should have known you were were unavailable and accommodated you, that will also fail.
    Your chances are slim. But to be fair, because you a non-lawyer, were going up against insurance company lawyers, you chances weren't that good to begin with.

    Can opposing counsel stop a motion for a new trial in a civil case?

    I'm am in the middle of a divorce, and am pro se, and opposing counsel had our divorce ';proved up'; without my knowing it. The judge signed my motion for new trial and order for new trial in November. But now can opposing counsel file a motion to stop that new trial motion??Can opposing counsel stop a motion for a new trial in a civil case?
    He has a right file a motion to ask the judge to reverse his order. He did that. Now the judge has to decide if he wants to change his mind or not. Unless the other attorney can produce really good reasons that he did not produce before the ruling, the judge will deny the motion. The other attorney can not reverse a judge's ruling.Can opposing counsel stop a motion for a new trial in a civil case?
    Well all they have to do is object to your motion. They don't have to file a motion to stop a motion. Anyway if they are involved in the trial, they can always file to not be in the trial or stop it.
  • blue eyeshadow
  • Are credit card theft victims able to pursue civil case for damages against the criminal?

    Standard range of damages? What type of loss did you incur from this incident? To sue, you need to show that you incurred some type of loss (ie financially, emotionally, health, etc.). Here are the problems that I see: (1) if they caught the criminal, the charges on your credit card will not effect your credit in any way and (2) a credit card being stolen will not cause mental anguish to the point where you need to see a psychologist. Good luck.Are credit card theft victims able to pursue civil case for damages against the criminal?
    If they know who it is and chances are they don't and never will.Are credit card theft victims able to pursue civil case for damages against the criminal?
    Yes

    Can I file a motion to have my civil case reopened?

    I was the plaintiff (pro per) in an uninsured motorist case against my insurance company and, after making numerous motions, they've now succeeded in having my case dismissed based on my failures to attend depositions. Nevermind that I was injured and couldn't meet their time frames...I simply need to know what the chances are that I can have this case reopened and how.Can I file a motion to have my civil case reopened?
    That depends on the exact law in your jurisdiction. If you can show valid reasons why you couldn't attend those depositions; ie, you were having surgery, then you should be able to get the judge to give you another crack at it. However, given that dismissal is an extreme sanction and courts are loathe to do that for discovery violations, I suspect there was more to this dismissal than just missing a deposition or two.





    If your case was dismissed without prejudice, you can always re-file as a new case. And I'd highly recommend you get an attorney this time around; its better to pay the attorney and get less money than you expected than to get your case tossed out again.Can I file a motion to have my civil case reopened?
    You can try. If you call it a motion to have the case ';re-opened'; you will not get relief because the judge will not know what you mean. If you disagree with a judgment, you can appeal or in some states you can move to reconsider the judgment. If it is based on the notion that the judge or the insurer should have known you were were unavailable and accommodated you, that will also fail.
    Your chances are slim. But to be fair, because you a non-lawyer, were going up against insurance company lawyers, you chances weren't that good to begin with.

    Can opposing counsel stop a motion for a new trial in a civil case?

    I'm am in the middle of a divorce, and am pro se, and opposing counsel had our divorce ';proved up'; without my knowing it. The judge signed my motion for new trial and order for new trial in November. But now can opposing counsel file a motion to stop that new trial motion??Can opposing counsel stop a motion for a new trial in a civil case?
    He has a right file a motion to ask the judge to reverse his order. He did that. Now the judge has to decide if he wants to change his mind or not. Unless the other attorney can produce really good reasons that he did not produce before the ruling, the judge will deny the motion. The other attorney can not reverse a judge's ruling.Can opposing counsel stop a motion for a new trial in a civil case?
    Well all they have to do is object to your motion. They don't have to file a motion to stop a motion. Anyway if they are involved in the trial, they can always file to not be in the trial or stop it.

    Are credit card theft victims able to pursue civil case for damages against the criminal?

    Standard range of damages? What type of loss did you incur from this incident? To sue, you need to show that you incurred some type of loss (ie financially, emotionally, health, etc.). Here are the problems that I see: (1) if they caught the criminal, the charges on your credit card will not effect your credit in any way and (2) a credit card being stolen will not cause mental anguish to the point where you need to see a psychologist. Good luck.Are credit card theft victims able to pursue civil case for damages against the criminal?
    If they know who it is and chances are they don't and never will.Are credit card theft victims able to pursue civil case for damages against the criminal?
    Yes

    Are civil attornies fearful of taking cases against the State of Texas?

    Would a civil attorney be willing to take a case against the State of Texas, if I could prove that the signature on a parole revocation warrant was forged bringing about my incarceration for 13 years?Are civil attornies fearful of taking cases against the State of Texas?
    No, why would they be fearful? Attorneys take cases to work for their clients, not because of personal interest, so there is no backlash of any sort between the attorneys involved.





    In fact, any decent civil attorney would love a case against a State, simply because their deep pockets mean they can bill for big fees to be paid out of any settlement.





    That is, of course, assuming YOU can afford to pay their fees along the way.

    Does anyone know at what point a civil case moves to federal?

    If a company sues an individually for unspecified damages in a Florida Circuit court, can I file a suit for specified damages in Federal court or is there a pre-set threshold that I would have to cross? Would I have to file a counterclaim? if so, how would I get past the fact that my attorney did not do this in the beginning?Does anyone know at what point a civil case moves to federal?
    In order for there to be federal jurisdiction, there must be subject matter jurisdiction: a federal question; or there must be diversity between the parties and a $75,000.00+ threshold amount claimed (in good faith) as damages. Diversity means no plaintiff can be domiciled in the same state as a defendant.





    There also must be personal jurisdiction, which meas the court has authority to bind the party or property with its order. There must be more than ';Minimum contacts'; with the forum; through state long arm statutes, there must be sufficient contacts, i.e. doing business within the forum, owning property within the forum; in order for the person/property to be able to be bound by a court order.





    In order to move a case from a state court to a federal court, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original court's district. This is a general exception to the traditional rule giving the plaintiff the authority to make the decision on the proper forum.





    Removal is governed by statute, 28 U.S.C. 搂 1441 et seq. With rare exceptions, a case may only be removed if, at the time of removal, the case could be filed in federal court. Thus, removal requires an independent ground for subject matter jurisdiction such as diversity jurisdiction or federal question jurisdiction. If removal is granted, the case will be removed to the federal district court which corresponds geographically to where the state action was initiated. Once removed, the case may be transferred or consolidated in another federal court, in full contravention of the plaintiff's original intent.





    See the second link for more info.





    Most of this I remembered; however, I did have to cheat at the end...Does anyone know at what point a civil case moves to federal?
    sounds like you are a ';bit' or -mabe more- familiar with legal issues than the average joe, or mabe you're just very asstute... If you have an attorney ask....don't waste your money wondering, If you are an attorney ..... well...hum.....





    If your attorney has wronged you';good luck'; look at your agreement/contract with the attorney...it probably has protection for him or her ... If not, study the law-quickly- It will be a rare occasion to find an attorney willing to go nose to nose with another outside of their own safety zone.





    If you are a lay person ';everyone else'; start studying; A good place to start is by getting the free trials available on westlaw/lexus/lois. etc.... plus your state's judicial websites ......... good luck
  • blue eyeshadow
  • What happens if I go into a civil case without a lawyer?

    My ex-husband is suing me for contempt due to unresolved issues related to our divorce. I have enough proof to bring to court but no ability to afford a lawyer and I do not qualify for any ';free'; lawyers. Do I have a chance in hell walking in there without a lawyer when he'll have his lawyer with him?What happens if I go into a civil case without a lawyer?
    You can appeal for a public prosecutor.What happens if I go into a civil case without a lawyer?
    You didn't give us much information, but you seriously need to obtain the services of an attorney. If you truly can't afford an attorney, I suggest that you contact a law school and determine if they have a legal clinic where you might qualify. In those cases, you will be represented by a 3rd year law student under supervision of a licensed attorney.





    You need to find a lawyer, however. You don't know the procedure and if the matter revolves around some technical issue, getting your defense before the court can be difficult without an attorney. Keep looking for someone who will accept payments of some sort. For a referral, contact your local or state bar association.
    even a bad lawyer is better then no lawyer in a case like this, drive by a law school and grab a 2nd year law kid out of the parking lot. anything is better then nothing...
    http://search.yahoo.com/search;_ylt=A0oG鈥?/a>

    Is it a crime to hide from being served papers in civil case?

    I have been trying to sue someone for 4 years now but they have fallen off the face of the earth. I hired 3 private detectives, paid to get their private Myspace information which used a fake city, their IP address uses a proxy, and even filed an order to get their bank info through a court levy on some debt. Their bank was set up with a mail forwarding service.Is it a crime to hide from being served papers in civil case?
    No, it is not a crime to dodge having papers served, but after a reasonable attempt to serve with adequate paperwork verifying the debt you should be able to get a default judgment.





    Lots of luck collecting that though.Is it a crime to hide from being served papers in civil case?
    No, its not a crime to hide from process servers. I used to serve process and I must say, your guy is pretty good at dodging servers. some were more difficult than others, but in the end, I always got em. If you hired 3 PI's and they cannot do it, well, thats pretty bad on their end, or exceptional on the individual you are trying to sue.





    You see, as you know, you cannot sue them until you serve them. he probably knows that too. But let me give you a little hint, a good PI has inside connections and can get not easily obtainable information, like drivers license and other formal information. These are through connections they have and is not usually advertised, but if they are good, they have them. Trust me, they have them.





    Good luck dude.
    Are trying to sue a banker for a Nigerian prince who died in a car accident and left a lot of money? All kidding aside, a person can commit a violation of law if they did not obey state or federal regulations regarding the set up and operation of their business. If it is a corporation, they may have had to file paperwork with your state that would identify an agent for the proper service of legal notices and civil suits.





    Good luck.
    I'm sure you've tried this already.... but... have you tried searching on whitepages.com to see if their address and telephone #'s are listed?





    And no, its not a crime to fall off the face of the earth :). It does suck that you've had to put out so much money trying to track these people down. Difficult to believe that 3 private detectives couldn't find them ?!
    you can get around the proxy, but in general, life doesn't happen on the internets. you need to find their real location. your PIs have failed you. there is no law (yet) that demands you be where someone else thinks you are.

    Anyone know the steps/forms/ to file a appeal in a civil case?

    Dealing with the Commonwealth of Kentucky. I need to file a appeal and also how do I go about requesting evidence from other parties involved?Anyone know the steps/forms/ to file a appeal in a civil case?
    I'd begin by checking the Federal Rules of Civil Procedure.Anyone know the steps/forms/ to file a appeal in a civil case?
    I would recommend you review the KY state supreme court web site for their rules of appellate practice. These vary from state to state. Unless you get an attorney from KY to respond I doubt you will get any useful info.
    If it's anything other than a small claims matter, you will need to get an appellate lawyer. There are only certain grounds for appeal, then you have to file a brief and inform all the parties and it's not a job that any layperson I know of would be able to do. Most lawyers don't do appeals. They have special attorneys for that.

    When is the best time to file a nonsuit in your civil case?

    I am involved in a lawsuit, and the judge is doing some questionable things already in the case. I don't trust what's she is doing, and to protect the case, I want to withdraw it. In there answer, two of the defendants didn't ask for affirmative releif. But one part did in there answer. Can I file a non suit motion, and will it stand?When is the best time to file a nonsuit in your civil case?
    I am not following you. If they are defendants, why are they asking for relief? Are they making a counter-claim against you? You need to explain this better.

    Friday, January 22, 2010

    Is it possible to lose a criminal case, but win a civil case?

    My family is involved in an embezzlement case and although we have some substantial evidence, I still wonder if we'll lose the criminal case, which requires the evidence to show beyond a reasonable doubt. Is it possible or likely that in a situation where evidence is substantial but not overwhelming, that a civil case would award monies in excess of 100,000 embezzled over 15 years?Is it possible to lose a criminal case, but win a civil case?
    The standard of proof in a criminal case is ';beyond a reasonable doubt.'; The standard of proof in a civil case is ';upon a preponderance of the evidence.'; A lower standard. So the exact evidence in a criminal trial that fails to meet the higher standard is often enough to sustain a judgment for plaintiff in a civil trial. But it is not always enough. Your attorney should advise you if it is or is not in his or her opinion.





    By the way, you didnt lose the criminal case. You are really not a party to a criminal case. The state is. You are a complainant or victim.





    Just a clarification for ya.Is it possible to lose a criminal case, but win a civil case?
    Talk to OJ
    YES!!!
    Sure, Ron Goldman's family lost the OJ trial but won the civil case.
    A good example of this situation is the O.J. Simpson case. He was acquitted in the criminal case but found civilly responsible in a separate civil action filed by the Goldman and Brown families.
    that's what happend to o j Simpson,
    It happened in OJ's case. He was acquitted of murder, then found responsible for wrongful deaths. The standard of evidence is a lot lower in civil cases than criminal.





    P.S. I swear I hadn't read other people's answers before writing that. Otherwise I would not have been the 10 millionth person to cite OJ. :)
    Well, only a defendant can lose a criminal case -- and if they do, then it's pretty much a guarantee that they will also lose the civil case (if its related) since the criminal conviction will be admitted against them as a determination of their civil liability.





    But the reverse is easy -- a defendant being acquitted, but losing a civil case on the same issue -- because the criminal case has a higher standard of proof -- beyond a reasonable doubt -- than the civil standard of ';more likely than not'; (preponderance of the evidence).





    Other than a defendant or the govt -- nobody can be said to ';win'; or ';lose'; a criminal case -- because the govt and the defendant are the only two parties. But if you are the victim, and counting yourself on the govt side -- then yes, it's possible for the defendant to win the criminal case, but lose the civil case you file after that.
    Yes. If someone is acquitted of a crime, they can still be found liable in a civil case based on the same incident.





    This is what happened to OJ Simpson, who was acquitted of murder in a criminal case, but was found liable for causing the death of Ronald Goldman in the civil lawsuit.
    OJ Simpson ring a bell?

    How can I be called for a pre-trial conference in a civil case if I have already settled with the defendant?

    My business was the defendant in a civil case. Prior to the hearing date we settled with the plaintiff, who in turn agreed to drop the suit. I had him sign an agreement stating he was satisfied with the settlement and would drop the case.How can I be called for a pre-trial conference in a civil case if I have already settled with the defendant?
    Unless he notifies the court %26amp; files a written dismissal or notice of settlement, its schedules move forward. Either show up or get him to file a written dismissal.How can I be called for a pre-trial conference in a civil case if I have already settled with the defendant?
    There is something being questioned...best to show up promptly and prepared.
    That means he got himself a lawyer and the lawyer told him he could get some more money somehow. Get those papers he signed looked at by your lawyer and be ready for the hearing. Good luck.
    I'm not 100% sure,but the pre-trial conference might be for the purpose of establishing the settlement,and officially ending the case.
    You're just still on someone's mailing list, one of the other parties or the Court's. Make sure there is a Dismissal filed with the Court explicitly for you, along with your Settlement Agreement.
  • blue eyeshadow
  • Does anyone know what happens once a limited civil case for a debt collection goes to trial? If I owe the debt

    do I just plead guilty and ask to make payment arrangements? Will the judge be more reasonable than the collection agency? How do I reply to the summon? Do I use the general denial form. I am located in California.Does anyone know what happens once a limited civil case for a debt collection goes to trial? If I owe the debt
    in most states once it goes to trail, and there is prof of debt there is a judgment placed on your credit, that stays about 7 years, your best bet is to pay off before trial day if you can. the next step if you are allowed to make payments, in most cases if you miss 31 days the right to file wadge attachment follows. this really hurts. there is a form attached to the summons and instructions, call the one who filed against you now! they may pass for settlement if you pay most or all before trial or make a suitable payment arrangement.this post pones the trail and this keeps the suit open in case you default on the payments, and once you make the last payment they file for a case close. each state is different, i was a legal clerk for a maryland hospital.

    Can a person go to jail for not showing in a civil case?

    If I file a civil case in family court but am unable to show up for the scheduled hearing, and the court refuses to reschedule, can I be prosecuted? What usually happens in situations such as this?Can a person go to jail for not showing in a civil case?
    If the Plaintiff doesn't show up, and the Defendant does, the case will be dismissed, probably ';with prejudice';, which means you lose.





    If nobody shows up, they might still do that, but they might also default the Defendant meaning you win, or they might just not hear it and wait for someone to file a Motion to do one or the other.





    You won't be prosecuted or be held in Contempt. Unless for some bizarre reason you sent yourself a Subpoena.Can a person go to jail for not showing in a civil case?
    Not showing up for a civil case is generally not grounds for criminal contempt, so would not result in jail time.





    However, whichever party doesn't show up usually loses the case automatically. So, if you can't be there, you need to hire an attorney to represent you.
    you will lose the case by default
    Default judgement. You lose.
    You won't be prosecuted. You violated no law. But you'll likely loose your case. So ask for a continuance. Similar to a postponement.
    Probably not, although I suppose the Court could find you in contempt and toss you in jail for a couple of days. Realistically, though, the most likely scenario is that the judge will dismiss your case if you don't show.

    How do I sue someone in a civil case?

    I have been falsely accussed of a crime in which I was cleared. The resulting accusation is forcing me out of a career, I had to resign (or get fired) from another job, and I have had to pay a lot of out of pocket expenses. The accusor will be facing charges for filing a false case, but I may be out of my pension because of it. Do I have legal grounds to sue him civily?How do I sue someone in a civil case?
    See a lawyerHow do I sue someone in a civil case?
    You asked 2 questions - How do I sue? and Do I have legal grounds?





    Anything can be turned into a lawsuit, but only a lawyer can tell you if you have a chance to win.
    talk to a lawyer. go to your local courthouse or local civil courthouse.
    As long as it's a ';him,'; yes. If it's a ';her'; she will likely have what is tantamount to immunity, or special rights in the biased legal system based upon gender.
    I don't know, but remember we live in America where our justice system works just like this: Whoever has the best attorney wins. Unfortunate but true...........I participate in a prison ministry and the other day a penpal sent me 45 pages of his appeal. Since 2003 he has been appointed by the courts 5 different court appointed lawyers. Does one of them even care??????????? The answer would be no....they get paid a nominal fee anyway. If you bother to do this, you better go for the best attorney you can find....some of the best board certified ones take pro bono cases. Good luck to you......sounds like you need a lot of help.....you got sc..........!!
    I dont know but I would suggest posting this in the law and ethics section seeing how military dont really deal with this to much.
    You need to get legal advice from a lawyer not an online answer forum where anyone can give oyu wrong information. Every state has there own laws unless it falls under federal law and you need to know the laws in your state and what can be seen in federal courts in order to answer almost any question dealing with legal processes, hence the need to see a lawyer. Most states have a listing of lawyers who do pro-bono, not to mention if your case is worth a lot and is a deifinate winner without a lot out of pocket you can get any lawyer represent you on a contingency basis. There are also legal aid centers in most states for those with little or no income to learn to represent yourself or get a lwayer at a very reduced rate.
    I'm not a lawyer ..but I do know people who were falsely accused of something and sued the accuser...you can sued for legal fees...pain and suffering...or mental stress...but wait for the verdict in the filing of a false case..if he/she is found guilty..it will just make your case stronger and probably get your job back...employees have rights... good luck
    Of course, but he may not have much, especially if the criminal case results in incarceration. You may be able to sue someone or somthing with deeper pockets. Consult a lawyer!
    ask your lawyer
    Pardon the expression: File a Lawsuit so big, the accusers' great grandchildren will still be paying!! In other words, sue their as* off! You just might have a case against your former employer also!!
    YES - Get a lawyer
    yellow crayon is the answer to everyone's questions O.o *****

    Can the court issue a warrant for not responding to a summons in a civil case?

    If a summons was issued then yes a warrant can be issued but I'm thinking that you might be confusing being severed with a statement of claim and a summons. Odds are the trial will simply proceed ex parte and a judgement will be entered against your husband.





    I'm not sure what you mean by court costs. If you are being sued it does not cost anything to show up and defend yourself. Yes lawyers cost money but you have a right to represent yourself which is free if not advisable. Still better to show up and defend yourself than to allow the train to continue ex parte.Can the court issue a warrant for not responding to a summons in a civil case?
    yes, a summons to appear means it is not a choice but a written order from the judge that he needs you their





    The court can issue a warrant to make you appear or rule in favor of the other person





    Exception ,A woman dose not have to show for a child support hearing ,, because the man is already wrong


    and their will be no debate





    most likely the court has ruled against you and you will get a copy of the details in the mail


    and if a warrant is issued they will not go after you,they will wait till they see you out in public like the next time a cruiser runs your tags he will see the warrantCan the court issue a warrant for not responding to a summons in a civil case?
    You bet. You can be held in contempt of court for which there are no set sentences. It's judge's choice. If you have serious good reason for refusing to be summoned, get thee to an attorney. Otherwise, you gotta show up.





    You can contact the attorney who issued the summons - it will say on there that you are being called on behalf of plaintiff/petitioner or defendant/respondent and it will also give the attorney's name %26amp; contact info.





    I was once summoned for a case 2,000 miles away. I called the attorney %26amp; explained thta I had moved %26amp; it would be a real hardship. As I was only a minor witness, they just said ';Don't worry about it.';





    So, call the attorney who issued the summons %26amp; see what you can do.





    Good luck.
    Yes, no matter if it civil of criminal court if you get a summons to appear you have to be there or they can most certainly issue a warrant and put you in jail

    What is can count as civil case? what is small claim case?

    I am wondering what can count as civil case, what is count as small claim case if I want to file something to the court?





    Please help





    Thanks!What is can count as civil case? what is small claim case?
    There are basically two categories of judicial cases. The first is the civil case. The second is the criminal case. So anything involving theft, assault - violent crimes of any type, are heard in the criminal court.


    Civil cases involve things like divorce, real estate deals, mostly stuff that involves money.


    Small claims is for a debt that is owed (or that one party thinks is owed and the other party doesn't) and most jurisdicdtions have a monetary limit on what is a small debt claim. In some cases, it can be as much as $25,000 and still qualify as a small debt.


    Criminal cases involve juries, small debts are heard before a judge, or a magistrate, with no juries involved.


    Does that help?What is can count as civil case? what is small claim case?
    They are the same thing.





    Civil means there will be no jail time... the oppisite of a civil case is a CRIMINAL case.





    A small claims case is a type of civil lawsuit... depending on your county, small claims cases are usually limited to a few thousand dollars.
    Same thing -- small claims is less than $5,000.00.

    Can results from polygraph test be used as evidence in civil case?

    I have heard that polygraph results can not be submitted as evidence in criminal cases, does the same apply to civil cases? My friend is involved in a civil lawsuit (in California) where there is very little physical evidence to prove her case but she wants to submit to a polygraph test to demonstrate her credibility. Will the court allow this or is the polygraph option null and void?Can results from polygraph test be used as evidence in civil case?
    Well it's obvious Mr Goodhi don't know what he's talking about. Just the mere mention of one in a court of law is grounds for a new trial . They are inadmissiable . which means , NOT ALLOWED .Can results from polygraph test be used as evidence in civil case?
    NO.....no and no, they are inadmisable in court, if they were a sure thing, then why the hell are millions on dollars spent on the judicial system?????


    Best thing for her is to get all the witnesses to be present, or submit a notarized statement. Also be sure to have copies of all or any police reports (watch a couple of hours of court shows -People's court, Judge Mathis, etc)
    polygraphs are inadmissable in court
    The court might allow it into evidence.
  • blue eyeshadow
  • Where can I find information on civil court cases in scotland?

    Log on to www.scotcourts.gov.uk

    How to subpoena a witness in civil case Washington DC?

    I have a civil case in Washington DC and I'm trying to find out what the process is to subpoena a witness in civil case.How to subpoena a witness in civil case Washington DC?
    im going to assume that you are in a civil case in small claims, otherwise your attorney would do that work for you. typically you can call the clerk of court for information on what forms to complete, and what the fees are to file. you will probably also have to pay a fee to have the summons served. go to the courts website athttp://www.dccourts.gov/dccourts/superior/civil/small_claims.jsp How to subpoena a witness in civil case Washington DC?
    I didn't know that you could just ';subpoena'; a witness. I think that you have to have power or authority to subpoena someone or something. You may have a whole new civil rights case on your hands if you try to subpoena someone.
    Go to the clerk of the court. Ask for a subpoena. Fill it out. Serve it.

    Can a person have criminal charges brought against them after judgement in a civil case?

    Yes, unless the civil case was setlled and the settlement provided for an end to other actions.Can a person have criminal charges brought against them after judgement in a civil case?
    Sure, and the civil judgment can be used as evidence!Can a person have criminal charges brought against them after judgement in a civil case?
    Yes

    Can a person have criminal charges brought against them after judgement in a civil case?

    Yes, unless the civil case was setlled and the settlement provided for an end to other actions.Can a person have criminal charges brought against them after judgement in a civil case?
    Sure, and the civil judgment can be used as evidence!Can a person have criminal charges brought against them after judgement in a civil case?
    Yes

    What happens in civil cases in united kingdom ?

    the initiation of civil cases,the partie in a civil case,the legal outcome in acivil case , haw appeal lies from court to court , decision of self defence ,the examinition of factsWhat happens in civil cases in united kingdom ?
    This is a far from appropriate question to put on this site, as the answer could occupy several (very thick) books. What's more, I've never come across self-defence as a concept in civil cases. If you look up this website and follow the various links yourself, then perhaps you will find that you have done your own homework! http://www.bbc.co.uk/crime/law/jargonbus鈥?/a>What happens in civil cases in united kingdom ?
    Reckon its going to take the full 3 days to answer this one

    In a civil case in Oklahoma State court, as plaintiff, is notice required to call a rebuttal witness?

    I represent Plaintiff in a Civil case in Oklahoma state court, Oklahoma County. We're at trial and I need to call a rebuttal witness. Is there any kind of notice requirement (notice to the other party) to do so? I was thinking it might be something like a required 72 hour notice, but I can't find it anywhere in the stats or the court rules. Thank you so much for your help.In a civil case in Oklahoma State court, as plaintiff, is notice required to call a rebuttal witness?
    You have to submit a list of all witnesses you intend to call as soon as possible. If you become aware of a witness late in the trial, you will need the judge's approval to use him. If the reason for your delay is reasonable, i.e., you could not have know wbaout him earlier, the judge will probably object, but the judge wil probably overrule the object if it's clear that you only discovered the witness late in the game and were not tryig to spring him on the defense as a surprise.In a civil case in Oklahoma State court, as plaintiff, is notice required to call a rebuttal witness?
    If this is where you are coming for legal advice you are walking on the dangerous side of malpractice. Call an experienced lawyer in your jurisdiction, ****, call a state law school and ask the professor of criminal procedure.
  • blue eyeshadow
  • I am served a subpoena to appear as a witness in a civil case in California. What should i do?

    I am served a subpoena to appear as a witness in a civil case in California. Due to some family issues and not being able to drive I am finding it very difficult to go there . Can i ask for taxi charge and fee for a baby sitter? Will i get arrested if i fail to appear? What should I do? Thanks a lot for your advice.I am served a subpoena to appear as a witness in a civil case in California. What should i do?
    You certainly can they should provide with all the necessary things ask for taxi charge and fee for a baby sitter food for your children or a nanny and house keeper and just to let you know you have to inform them of everything or else you will be arrested if you do not appear take care and GOD BLESS!I am served a subpoena to appear as a witness in a civil case in California. What should i do?
    Well you should definately go, because if you don't they will put out a warrant for your arrest.
    Contact them and ask, or be held for contempt of court...or failure to appear! Good luck!
    Like Frankie said, call the noted number and explain your situation. By law you are required to appear at the appointed time and tell the truth to questions asked of you.
    There should be a phone number on the subpoena to call if you have a problem.
    you will need to make arrangements





    yes - if you fail to appear - you might be cited for contempt
    you need to call and tell them your difficulties, but you can't just not show. they will normally work with you.
    If you have received a subpoena, you MUST appear in court or you will be ';held in contempt of court'; and an arrest order will be issued.





    If I were you I'd call the attorney involved in the case and explain your dilemma and see if he/she can assist you in getting to the court to testify.
    You do not want anything on your record -





    Failed to appear for subpoena will not look good -





    California troopers and sheriffs do not take light to this!
    I think you have to appear or risk being charged with contempt of court. Subpoena literally means ';under penalty';.

    How long do I have to file a civil case against a previous landlord for an illegal eviction in NJ?

    Is there a statue of limitations ?How long do I have to file a civil case against a previous landlord for an illegal eviction in NJ?
    It's 2 years. But the longer you wait...the less credible a judge will see you case.

    Does anyone know of a good attorney that will handle a civil case against social services?

    Dealing with discrimination from social services on family members and fostering my neice and nephew. Really need some good suggestions, because they are trying to remove my neice and nephew from my home. Need an attorney that will take the case as ProBono. Please Help!Does anyone know of a good attorney that will handle a civil case against social services?
    call the district of attorney's office, not the child support division, and ask them if they can direct you. or Family Law Facilitators, in the court house. good luckDoes anyone know of a good attorney that will handle a civil case against social services?
    you will not succeed in this. they really do try to do what's in the best interest of the child. they wouldn't take away the child if they didn't see it fit and you can't sue them for that because they do that in good faith. now what you need to do is get a family law attorney to fight the case. that's how you have to handle it. don't waste your time with trying to sue them. plus depending on the state they probably have sovreign immunity to where you dont' have standing to sue them.
    give the kids back. don't fight the process.
    if u live in El Paso TX then i would refer u to the Law Offices of Duane Baker

    What is the duties of court appointed special commissioner in a civil case?

    Particular Civil Orders by A Circuit court. What are the duties of court appointed special commissioner?What is the duties of court appointed special commissioner in a civil case?
    http://lmgtfy.com/?q=What+is+the+duties+鈥?/a>

    What is the time frame in VA for you to be served in a civil case?

    My husband is being sued by a collection company. The only reason we know there is a hearing date is because they sent us a courtesy copy of their filing documents. We are going to court and countersuing. The only thing is, my husband still hasn't been served and the hearing is only one week away. I am from FL and the requirement there is that you must be served no later than 20 days before the hearing. Does anyone know where I can find this information as it pertains to the state of Virginia?What is the time frame in VA for you to be served in a civil case?
    Try www.findlaw.com

    How many times can someone sue you in a civil case?

    Is there a limit? Or can they keep taking you back to court?How many times can someone sue you in a civil case?
    Depends on how the first ones ended. Be dismissal or after a trial.
  • blue eyeshadow
  • Can you be subject to a polygraph in a civil case?

    Let's say you are accused of sending out a nasty email with false information about person you loathe. Unfortunately, the IP is not traceable. Can you then be required to take a poly?Can you be subject to a polygraph in a civil case?
    your never required to take a polygraph test, criminal or civil cases.Can you be subject to a polygraph in a civil case?
    No
    You can't be compelled to, but if you REALLY didn't do it then you can go get a polygraph by a reputable examiner and try to get the results entered as exculpetory evidence if the judge will allow it.
    no
    No. Specially with it being a civil case. Even if it was a criminal case, no one is required to take a polygraph test.
    No one can ever demand you take a polygraph tests. They are very unreliable and even if you took one you could get the wrong results. Polygraphs are best left to be used on b ad reality tv, not in any criminal or civil case

    How many times can someone sue you in a civil case?

    Is there a limit? Or can they keep taking you back to court?How many times can someone sue you in a civil case?
    Depends on how the first ones ended. Be dismissal or after a trial.

    Can you be subject to a polygraph in a civil case?

    Let's say you are accused of sending out a nasty email with false information about person you loathe. Unfortunately, the IP is not traceable. Can you then be required to take a poly?Can you be subject to a polygraph in a civil case?
    your never required to take a polygraph test, criminal or civil cases.Can you be subject to a polygraph in a civil case?
    No
    You can't be compelled to, but if you REALLY didn't do it then you can go get a polygraph by a reputable examiner and try to get the results entered as exculpetory evidence if the judge will allow it.
    no
    No. Specially with it being a civil case. Even if it was a criminal case, no one is required to take a polygraph test.
    No one can ever demand you take a polygraph tests. They are very unreliable and even if you took one you could get the wrong results. Polygraphs are best left to be used on b ad reality tv, not in any criminal or civil case