Tag: Rules of Civil Procedure
What If I Didn’t Go For My Day In Court?
Can a civil case be filed more than once if there was never a real hearing in the court room? On the first court date I couldn’t be there. The second time the other person and I agreed to a settlement and didn’t wait around for the case to get […]
Court Papers – Always Answer Complaints and Other Legal Documents
Court papers, sometimes served by a sheriff or process server, other times arriving by mail, should never be ignored. Failing to respond will result in a default judgment. Always answer a summons within the time limit. When you are served with a law suit, the papers will tell you the […]
Discovery in Civil Litigation
A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”. Forget all […]
Minor Settlements: Why is Court Approval Required?
Minor settlements, personal injury settlements for those under the age of minority, often need court approval before funds are released. Here’s the problem: minors lack legal capacity to make binding decisions. Minors in most cases can’t sign enforceable contracts. So, an insurance release cannot bind a minor. This contradicts the basic […]
PERSONAL INJURY: Liability – No “Guilt” or “Innocence”
“Guilt” and “Innocence” exist in criminal law, not civil negligence law. Concepts of guilt or innocence refer only to criminal matters, where an individual faces prosecution by the government at some level. Even in an accident caused, allegedly, by a person running a red light, the light runner is not […]
Depositions: How To Behave
Oath at Depositions Depositions start out with you being asked to raise your right hand and to swear or affirm that the testimony that you are about to give is truthful and accurate. No brainer. But, I’ve seen people thrown off by the question because they did not expect it. Stenographer The […]
PERSONAL INJURY: Do-It-Yourself Follies
Do-it-yourself in court and you may be in for a shock. Even a fool wouldn’t perform their own dental work with a handy man’s drill. Yet, every day, people represent themselves in court, often with disastrous results. Especially in personal injury claims. Here’s an actual case: “Buyers”, we’ll call them, […]
Personal Injury: Personal Jurisdiction Out of State
Granite monuments designate boundaries between states at many spots as a physical reminder of state lines. People cross the lines every day with hardly a thought. But, state lines pose barriers to residents of one state, attempting to bring a resident of another state into the local court. Bringing a […]
Personal Injury: Claims Against The Government
Government Immune to Claims The concept of sovereign immunity historically shielded government entities at all levels against liability, meaning they could not be sued. “The King can do no wrong” is the way it was put in the distant past. Even though there was no King in the United States, […]
Personal Injury: Expert Testimony
Heavy impact on the human body can fracture bones. This seems obvious. But, in a court of law, cause and effect and the extent of damages must be supported by expert medical testimony. For example, a passenger in a motor vehicle breaks an arm when the driver looks down to change the […]
