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Court Procedure

~4400 answered questions
Parent Category: Law & Legal Issues
Court procedure is a term that refers to a set of rules that govern how a case may begin, how it would proceed, the types of statements allowed, the timing and conduct of trials, and the process for judgment.
Most courts use the best interest of the child to determine custody. If the court awarded custody to the father, it determined that living with the father is better for the child than living with the mother. In most states, you can file a new suit to modify custody after the fact. You generally have…
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Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.
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You don't. You hire competent legal counsel barred in the State you live in. He or she will listen to your situation and adopt an appropriate pre-trial and trial strategy. Note that even those mental health workers that consider mythomania a real condition admit that prevalence is quite low (one re…
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how do l get a court order against my ex-wife to stop her from selling property Thailand
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if you are shootin to the right then the left is the defensive and the right offensive.
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Rigo, if YOU dont know where the car is, then it was STOLEN. Sooo, YOU need to file a stolen vehicle report with the cops. If you dont file the stolen vehicle report, them it is NOT stolen and YOU know where it is. Simple huh? Rigo, cars have not fallen off the face of the earth since 1492 when CC f…
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sure can except in a couple of states. IF you are in default, you can be repoed. Its even more attractive to the lender that you ONLY oew 2 notes. Better chance they will get their money when they sell it.
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WHY will they have to "LOOK" for the car? Doesnt the buyer know where the car is? If NO, then there should be a STOLEN Vehicle report with the cops. Is the buyer being un-cooperative? Perhaps wanting to ride for free?
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You would call the court that issues such "replevins" and ask them. What does it matter if a court order has been issued?? You will return the car ASAP, wont you?no just asking it sound like u are for the repo man
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An order of replevin will force you to turn over the vehicle or face charges of contempt of court.
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The violation that is enterd by the court will also be entered on your MVR for driver's license and insurance points.If you ended up pleading guilty to a lesser violation then the points in both cases will be less. Insurance companies can assess points even though there are no driver's license point…
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Chapter 13's last from 3 to 5 years, during which time the debtor makes payments on his or her Chapter 13 Plan (see 11 U.S.C. 1322(d)). Once the Plan is paid in full, the Court will normally issue the Discharge "[a]s soon as practicable after completion by the debtor of all payments under the plan..…
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In general, it means that the lawsuit may not be refiled, and as such, it operates as an adjudication on the merits. The dismissal may be voluntary (that is, the plaintiff dismisses with prejudice when a settlement has been consummated), or it may be involuntary (often as an extreme sanction imposed…
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You can file without an attorney. If you have your spouse's address you're at minimum going to have to mail the information (papers) to him. If not, then to the last known address. You might have to publish it in a local paper where you think he lives. He certainly has a RIGHT to be there. There ar…
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No. Restraining orders regardless of their status are available only as "need to know" status. Such as the parties involved, police agencies, a legal rep. of one of the parties, etc...
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A bench warrant cannot be issued if you fail to appear in court unless the subpoena has been properly served according to the laws and court rules of the state involved. Unless it has been served it is not binding on a person even if that person knows about it.
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Call and ask him for a progress report on your case. If you do not get a good response contact your local bar association for advice. You may need to find a new attorney to continue your case. In that case you should make a formal complaint about your first attorney to the state board of bar oversee…
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Laws governing this issue would be ones inacted by the state where the assault occurred. In most situations, the district school board makes the decisions to terminate teachers. In general any criminal offense is grounds for termination. In some states there is also a licensing board which decides i…
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No. But it may still be in the court records forever, filed under the names of the parties.
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Credit agencies to not "sweep" court records. Courts do not "report" judgments.Individuals, workking a private contractors, search and scan public records. They make money by selling these records to various databases. Those agencies re-sell the information to the bureaus. The credit reporting agenc…
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No. Physically placing ones hand on a Bible and swearing an oath is not required nor was it ever legally enforceable. The court gives those giving testimony the option of "swearing an oath" or making an affirmation to tell the truth as to the best of their knowledge.
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A judgment is the final decision of the court on all issues in the case leaving no further action to be taken regarding the issues in dispute. A judgment can be in favor of the plaintiff or the defendant. It must describe the relief to which the prevailing (winning) party is entitled. A judgment is…
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Taxes and Shared Parental Responsibility No, it's however the parents agree at the time of separation. The court papers will indicate how it should be done.
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The President of the United States (Executive branch) nominates US Supreme Court justices and other federal judges. The Senate must approve the nomination by a simple majority vote (51%) in order for the appointment to be made. If the Senate rejects the nomination, the President must choose someone…
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No the officer doesn't always have to be there and if you weren't wearing seat belts then pay the fine. If you were, then it comes down to your word against the police officers and the judge is going to favor the police officer. I have no idea if you wore seat belts or not, but in British Columbia,…
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Court procedure and legal requirements will vary from state to state. Some courts have optional forms that you can use. Here is an example form California: http://www.courtinfo.ca.gov/forms/documents/982115.pdf. In most cases, it is better to have a custom document prepared by an attorney that asser…
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In the US, a magistrate does not have the authority to overturn a trial court judges' ruling. If there was a trial and the Judge made an error, you can appeal within a certain amount of time. You would appeal to the state Appellate Court or Supreme Court, depending on how the state's courts are orga…
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An uncontested divorce is similar to a summary divorce except that the parties can have children and considerable property and assets to be distributed. What makes the divorce "uncontested" is that both parties have already addressed the issues of property division, alimony and custody, visitation a…
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If you are involved in a lawsuit the opposing side is allowed to receive certain documents from you as part of the discovery process. The documents were probably already asked for in a Request for Production. A motion to compel is a motion to the court, which if granted will force you to produce th…
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If it is truly lost, the court will reconstruct the file by having the parties provide certified true copies of the pleadings to both the court and the other side. All pleadings should have the court's filed stamp on them since it is standard practice to obtain "Filed" copies from the Clerk when fil…
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You need to file for a modification of your current visitation agreement. In some states, a 14 y/o can decide whether or not she wants to visit. In other states, she may be stuck until she is 18 if there is no compelling reason to prevent her from visiting her father.If she is indicating that there …
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The bible is used because Christianity is the majority in the US. However, most courts are swearing the oath without the bible now. The ACLU and other groups that advocate for separation of church and state are continually challenging the use of the bible in public courts. If you are asked to swear…
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The automatic stay is a provision under the U.S. Bankruptcy Code prohibiting creditors from beginning or continuing proceedings for collecting owed amounts from a company or individual who files for bankruptcy. It is a court order and a creditor who violates the automatic stay could be held liable f…
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If your case was dismissed it will generally be because you failed to do or show something. Time is of the essence and your case can be reinstated, but you will need to know why the case was dismissed to rectify the problem.what i know for the court to dismiss the case there general reasons that can…
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The reason(s) the original summons was not responded to, such as it was never received, the defendant didn't have enough time to respond, and so forth. If the court finds the reasons justifiable on the defendant's behalf then it has the option of vacating the default judgment that was entered again…
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Answer Your options will vary from case to case. You might be eligible to refile another Chapter 13. You might consider filing a Chapter 7. You might not even need to be in Chapter 13 anymore. You need to consult a local bankruptcy about the specific facts of your case. You might be able to conv…
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It depends if you've made an effort to support your child. If you ran away from your responsibilities and didn't pay that child support then those are marks against you in the court system. If the mother refused to take any money or refused to see you the courts will take this into consideration. At…
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The direct answer is yes. Once "restitution" has been made, prior to the court date, the case may be dismissed. BUT....You will still have to appear for the court date. The reason is that once a case has been filed, you have to respond to any and all dates, trials, and informational requests. Please…
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Answer It depends on the content of the letter, the judge, the OTHER attorney and how fortunate you are on that particular day. Many times the judge wants to give the attorneys to "discover" anything that might have been accidentally left out of the letter. If by "stand up in court" you mean can…
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Generally any presiding judge (the judge that ran the trial) can set aside a jury's guilty verdict if they find it is against the weight of the evidence or not based on relevant law. A judge cannot overturn a not guilty verdict. In the U. S., a court may overturn a jury verdict of "Guilty" and ente…
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If you continue to receive payments, then all you can do is ask if they can increase the amount so that it pays off quicker. You could also ask the person to take out a loan and pay you with that, this way they can pay back the bank - not you. Without an IOU or note, you can still win in court. You …
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Answer Anything can be submitted in court. It's up to the Judge as to whether or not they believe it. Answer That is where your written reponse to the complaint, your "answer" to the complaint comes in. Your answer is that the complaint says that x,y, and z are true. That was done under oath …
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Nolo contendre You are not admitting you did anything but are choosing not to defend the charges. It means you are declaring innocence but do not want to exhaust the resources necessary to go to trial (time to gather evidence, missing tons of work to have a trial, money spent on fighting the case, e…
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Pakistan No. It is not the decision of the plaintiff nor the defendant to make such a request. Judges who believe there could be a conflict of interest will generally take the action upon themselves, as the majority of judges are elected officials and do not want to have cases appealed on such gro…
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Stealing, you know its bad so don't do it!! But also giving to the poor is very generous!! But don't steal from the rich to give to the poor, its just common sense!
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Answer Well, they can't make you pay for something that doesn't exist. Chances are they will find it. I am assuming you had your copy? If you had your copy, they might just make you pay it, but really, I think they will dismiss it. Answer I'm a police officer in California and there have be…
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In legal terms it can mean to "place into custody" or to send a case back to a lower court for some further action.
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Not true, here in California I bail out people who get the charges dropped sometimes before their first court appearance. So this person now does not have to appear. or, the person is arrested, bailed out, and then no charges are filed. Quite common actually.  No.The accused will have to make…
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A motion is a request to the court to enter a particular order. A motion for discovery is a request to the court to order the opposing party to produce discovery materials. Discovery materials differ depending on whether the pending matter is a civil or criminal case. Discovery is generally intended…
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It's called a gavel. Source(s): Austin and Ally. BTW that's my favorite tv show on disney channel. It'ss got nothing to do with court but it used the word gavel when talking about the long stick thigy. GO ON ROBLOX! SIGN UP TODAY! ALSO WHEN UR SIGNING UP SAY THAT cig10 TOLD YOU TO GO ON IT! :D
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Habeas corpus is a Latin term meaning "Have the body". It is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner in order to determine the legality of the prisoner's confinement. A court order requiring that a confine…
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Conspiracy to commit murder mean getting together with a bunch of other guys and planning to bump someone off even if you dont do it. If is also just being with someone who commits murder and you don't say a word or even helping with murder.
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Contact the office of the clerk of small claims in the county in which the lawsuit is to be filed for assistance. Please be advised court clerks can only impart general information and cannot offer an opinion on the validity or possible outcome of a suit or legal assistance to plaintiff or defendan…
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in which do u outline the basic elements of south African trail systems and note where it differs from other systems
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The trial will go on without the defendant that has been ruled to be incompetent to stand trial. This does not guarantee a non-guilty verdict. The court must decide whether the accused was insane at the time of the incident that he awaits trial for. == ...this is not true, a trial cannot be held w…
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In civil matters the parties are the plantiff and the defendant. In criminal matters the parties are the Crown and the defendant, in civil matters the parties are the plaintiff and defendant. A prosecutor conducts the case on behalf of the Crown. In the Magistrates Court the prosecutor is a poli…
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No, it would be a conflict of interest. Confusing Query I shall assume that what the querist is asking is, can the attorney who defended he or she in a criminal trial become his or her legal representative in a civil suit against the state for 'malicious prosecution'. If that is indeed the case, …
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In a criminal trial it is the jury's duty to decide the truth, or otherwise, of evidence, therefore juries must be impartial.When the hearing is over, the jury leaves the courtroom to consider its verdict. The verdict is the jury's decision about whether the accused is guilty or not guilty. Jurors c…
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When my sister went through this they asked her anything they wanted to. Anything that could possibily cause her to look like she couldn't take care of her kids. It was pretty nasty at times. It went on for several court dates. Be prepared for anything negative they might throw your way. Good luck.
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A civil lawsuit comes out of a dispute between people, businesses, or other entities. The steps are pleadings, discovery, trial, appeal, alternatives to litigation, and teamwork.
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It is called a gavel. here is some more info A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle and often struck against a sound block to enhance its sounding qualities. It is used by presiding officers---notably American judges, chairmen, and auctionee…
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Answer to a question about No Win No FeeThe No Win No Fee Company;A No Win, No Fee Claims Company is one that provides legal services in relation to negligence against a third party; the No Win No Fee part is the idea that they take the risk over the costs of the case and not you.Any company in the …
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A procedure is something that you do with steps, and normally, you will have 10 steps, also you must add the equipment to make is easier to do.
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call or go to the clerk s office, at the court house
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Practice and Pleading Choosing State or Federal Procedure A generation ago there were fewer procedural differences between the state and federal judicial systems. But the federal rules have dimmed from beacon to flicker. A growing number of state procedural codes no longer slavishly track the Fede…
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Nowadays each government agency makes their own policy on what public records they make available to be searched online. Many State, County, Cities and Towns have their own websites that allow users to search land deeds, vital statistics, court records and forecloses. Its all up to the agency and t…
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A warrant can be issued if you fail to pay a traffic fine by mail or fail to appear on the Court date on the ticket to contest the charge. Pay the fine or go to Court. Do not do neither..
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Fingerprints of every person are unique. except for twins. . So fingerprints are used as evidence.This has been established over the years as scientific fact that has never been shown to be erroneous. It is pretty much considered common knowledge in this day and age, were 100 years ago it was still …
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what it takes to be a juror is you have to be 18 you have to be a legal person from the united states and you have to have what the lawyers are looking for.
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No one can lie in court. That is a big no..no. It is illegal, perjury, a felony punishable by up to 40 years incarceration in some states.
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Small claims court is a court where laypersons can sue without the need to hire an attorney. In fact, no lawyers are allowed in small claims court unless they are being sued. The process is very informal, inexpensive, and quick. Small claims courts are for the recovery of money only--small claims co…
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Where a Murder Is Tried It depends. To begin with, the answer will differ according to what country the crime was committed in. For the United States, there are number of different possibilities depending on who is involved and how the crime is committed. Most often, murder would be tried in a …
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Last time I quashed a warrant, I had to go to the circuit clerk. There, they took my information and I was assigned a new court date for the following week. Where as I appreciate going in and talking to the clerk, it is easier and less worrisome to just call in and set the date. Which in my case …
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The court system has many different types of hearing including an omnibus. This type of hearing and filing is usually part of the pretrial hearing.
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Answer Absolutely.It is one of the primary actions that can be taken if an unresponsive debtor is considered a threat to leave the jurisdiction or try to move assets to avoid their loss. Failure to appear at the hearing of a civil suit automatically results in a default judgment being awarded t…
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Answer It usually indicates that an appeals court has found the original judge's order/decision flawed and the verdict or judgment has been found invalid. The original order is extinguished.
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Pre-Note of Issue 325-d Conferences The majority of cases transferred to a Civil Court from a Supreme Court are not ready for trial. Almost all cases transferred are pre-note of issue actions which still require further litigation and judicial deliberation before a resolution will be achieved. In ad…
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To remand means to "send back." A person can be remanded to custody- which means to be sent back to jail to wait for trial. A court case can have a remand order issued- this means to send the case back to a lower court or to set a trial dateIn this case, remand means to detain or take away. In famil…
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This question is vague. A complaint is always attached to a summons; therefore, you are not responding to the summons, but you are actually supposed to respond to the complaint. The complaint should have statements in numbered paragraphs. You are either going to agree (or admit), disagree (or deny),…
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Step one is consensual encounter What is reason for encounter why and articulate.Step two Detention (name must be revealed)<--- because of the court case Hile vs. Neveda.how long the detention is supposed to be reasonable and under officers discretion.Step three Arrest (probable cause or an arres…
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Sort of a loose slang expression that means that the decision went in favor of the defendant.
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There really isn't much difference in these cases. The difference is just one of how they were filed. Both are voluntary dismissals.
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The phrase, 'The Court retains jurisdiction in this matter,' means that any future actions involving this matter will be administered by the court. This usually indicates a decision has been made, and if any other actions are taken, it will be taken by this particular court.
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Answer To start, much of the evidence must be backed up with factual evidence, so that the circumstancial evidence is minimal.
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When asked what appeals an individual about a potential employment position within a company, one should state what about the position got their attention in order for them to apply. One may include facts about both the company itself and the position.
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You can get a copy of a municipal court record in Atlantic City by going to the clerk's office. Some specific types of records are considered confidential and are not available. Details are on the first related link below, which is the state policy for court records. Scroll down to page 8 for the Mu…
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Go to issued courthouse and workout with them before they issued the warrant. If they already issued the warrant you will have to turn yourself in to the sheriffs dept. Do it early morning so you can get in to court that day and you wont have to sit overnight! The above applies to court dates in cr…
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Most courts use the word "docket" to mean the court calendar of future cases. In Florida, the word "docket" often means records of past cases. Since you're asking about a 2007 case, I'll assume you mean the court record.The first related source is the Florida official records search page, where you …
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It depends on what the summons is for. You may have a warrant issued for your arrest or judgment may be entered in your absence and you won't get the chance to fight your case. Either way, it's best not to ignore a court summons.
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how long does it take the court to grant a decree absolute
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1st: Court of International Trade 2nd : United States Court of Federal Claims
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Answer This case is related to Automobiles in general and Motor bikes in specific. And this was reported in Times of India or Indian Express i am not very sure. The case pertains to a Bajaj CT 100 motorcycle where Vehicle dealer had promised a mileage of 100 + kms Since the customer could …
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Whether you can look up free Cherokee County court records depends on which state you are in; several states have a Cherokee County. You're in luck if you are in South Carolina or Iowa, because both states have free online case record lookups. See the first and second related links below. I found …
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It usually takes about six months to get a court order. However, depending on the order, it could take up to several years. It will vary from case to case.
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Court Jester a fool also known as a court jester who entertains the king and his guests on a feast he can perform acts such as tongfoolery and music. If the king is not satisfied the jester will have its head in a guillatine
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It's where a person has to go to court, by order.Sub poena means 'under penalty'.
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The NBA courts are 94 feet
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You don't. You don't get a court order to marry anyone.
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It is a meeting between the judge and the attorneys. They discuss issues and share some plan of the case.
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