Civil Cases

Plantiff

Define what you mean by "comment."

A judge may REFER to evidence as to its type, and for whom it is introduced, and in other general terms throughout the course of the trial.

As a general rule of judicial conduct they may not make any comment or observation as to its being "strong", "weak", or irrelevant" or in any way voice opinions as to its usefulness or applicability. If you have a specific question about your case, consult with the attorney who represents you.

From a medical provider POV, you are ultimately responsible for your medical bills. You have the contract with the health insurance company, not the provider. Most offices bill your insurance as a courtesy, knowing they will take a writeoff. If the insurance did not pay, there was a reason given on your EOB, and it is your responsibility to find out why. Most offices are more than willing to take payments, collections is a last resort.

It depends on the type of lawsuit and whether or not you are entitled to claim any of the proceeds as exempt. In most cases, state law determines what property you get to keep when filing for bankruptcy. This is called "exempt" property, meaning it is exempt from being used to benefit your creditors. The general rule in a Chapter 13 is that all nonexempt property belongs to the estate, including property acquired after the filing the Chapter 13. However, the debtor generally remains in possession of the property. If you properly disclosed the existence of the lawsuit in your BK filing, the Chapter 13 plan approved by the Court likely has some language addressing the lawsuit. You need to read the Chapter 13 plan to see what it says on the subject.

Eventually the other party will have the court set up a garnishment order so that your paycheck or bank accounts are automatically deducted. You may as well pay now.

The "answer" is sent to both parties, and always send the response by certified mail with receipt requested.

Yes. You can sue someone who has falsely accused you of theft. Whether or not you should sue someone who has falsely accused you of theft depends on a number of circumstances. It depends on how the accusations started, the conditions under which they occurred, how far the accusations got, and what the law says.

In Florida, if a merchant catches you shoplifting and you dispose of the property before the cops come, you can not sue under the law. If you bring a lawsuit, you lose your $250 for bringing the case to court. You paid $250 to hear the judge say, "Case dismissed."

This may depend on the jurisdiction, but in California a verified answer is a responsive pleading which is accompanied by a declaration, signed under penalty of perjury, that attests that the contents of the answer are true. Normally, a verified answer is only required in cases where there is a verified complaint (although there are other situations where a verified answer is required as against a public entity).

No matter what the Order To Show Cause (OTSC) is for, there are several methods of responding to it, and they will be recited within the body of the OTSC in the same way that a Summons directs how to respond to a complaint.

If the OTSC is simply a substitute for a summons, you will be directed to file and serve an Answer to the Complaint within a certain number of days.

If the OTSC is seeking emergent relief such as temporary restraints or a preliminary injunction in connection with a Complaint, the OTSC will probably simply direct an appearance in court on a specific day in order to deal with the request for emergent relief only. An Answer to the Complaint itself will be required shortly thereafter. Sometimes, in response to a request for emergent relief, a simple Affidavit or Certification in Opposition is filed prior to the initial return date of the OTSC.

The "law of the case" is a situation where an appellate court has made a determination on a question of law and remanded the case for retrial. If the case comes before the appellate court again after retrial, the point of law determined by the first appellate court may not be appealed again. An appellant does not get to reopen that issue just because the case is once again before an appellate court.

That point of law is now the "law of the case" and will govern the case throughout any and all further appeals that may occur.

There may be compelling circumstances where a court may permit the issue to be reopened, such as where the initial determination rested on a law later found to be unconstitutional and void.

No. If the case hasn't been decided, there's no award to use as security for a loan. You don't even know if you're going to win. If you do win, a lender's willingness to use the judgment as collateral may depend on assurance that the judgment can be collected and encumbered to protect their interests.

Not only are you counting chickens before they're hatched; you're counting eggs before they're laid.

The role of all appellate courts is to review a trial court's judgment to determine if an error or errors were made that need to be corrected.

An appellate court reviews the trial court -- thus, it does not have trials.

The closest thing to a "trial" at the appellate level is the oral argument. During oral argument, the lawyer stands in front of the appellate judges to present a summary of his/her appeal, and answers questions for the judges. However, it is always an issue of law, not fact, when dealing with the appellate courts.

Issues of fact are for the trial court.

no

Yes. The lender will foreclose on the mortgaged property. If you owe more than the property sells for at foreclosure the lender could sue you in civil court and obtain a judgment lien that it could record in the land records. In that case it would affect your other property.

it is order 6 rule 17 of CPC.

Only with more evidence.

Most small claims courts require you to file where the defendant resides. To find out what the case is in your jurisdiction, contact the clerk of court where you live to see if you can file against an out of state defendant there.

Contributory negligence in a civil case is a familiar term used in many vehicle accident cases. Who is at fault plays a major role in contributory negligence during a civil case.

The composer, Meredith Willson, only died in 1984. With copyright laws the way they are, musical pieces like this don't become Public Domain (free) until death plus 70 years, which in this case, the earlies it may become PD is in the year 2054. That said, if any of Willson's heirs inherit the copyrights for The Music Man, it will remain their property almost into perpetuity. Chances are the actual full script cannot be bought anyway - in large productions like this, the scripts are rented (for a fee) and the people using the script must pay a "royalty" fee for its use in public.

If a court case is listed as having been "disposed", it would indicate that the case is closed due to resolution and no other action is necessary.

Contact the office of the clerk of the court that issued the civil summons immediately for instructions on how to return the summons.

In most instances the court will allow the summons to stand, as it has been served at the only known address of the defendant and the suit will go forward with or without the response of the named defendant.

curtilage

An employer can fire you for good reason, bad reason or no reason, and need not justify or even expalin the firing to you. The firing cannot violate a statute. No statute prohibits firing an employee for a drug conviction.