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  1. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    Disagree on the substance if you like, but do you have also include personal attacks? This kind of snarky statement really does nothing to advance your argument, jk.
  2. Purchase Contracts: Re: What is the Best Way to Approach This Short Sale Property

    This is a forum about the law rather than a forum in how to invest in real estate. Your post raises no legal issues but rather is simply a question about timing your offer for the best deal on the...
  3. Student Discipline: Re: Filing a Grievance or Lawsuit Against a School District

    Based simply one what you've said here I see no basis for a successful lawsuit. You mentioned only two incidents, one in which you complained about the amount of playing time your kid was getting and...
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    Eviction Process: Re: Legal Venue

    Under the Washington state statutes on unlawful detainer, jurisdiction is given to the superior court in the county where the property (or some part of it) is located. See RCW 59.12.050. The more...
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    Medical Malpractice: Re: Starting Civil Action (Newbie)

    In a civil case you sue for money damages, you don't "charge" the medical professional with any crimes. If you think a crime was committed, report that to the police. For medical malpractice you have...
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    Federal Taxes: Re: How to File Back Taxes Online

    It just varies by the services provided by the particular firm/company. The IRS does have the capability to do 2 years of prior year returns through its Modernized e-File (MeF) system. Of course,...
  7. Police Conduct: Re: Knowingly Filing of a False Report by a Police Officer

    Let's get back to the central issue rather than trading barbs, which does no one any good. The basic problem here is that the insurance companies are denying the claims, and using the police report...
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    Federal Taxes: Re: How to File Back Taxes Online

    You can get software to help you prepare those returns. A number of companies offer that. You'll need to check with each one as to what years they will electronically file for you. The IRS currently...
  9. Class Actions: Re: What Penalty for Defending Not Serving by Rule of 5 and 25

    The defendant needs to serve the plaintiff with a copy of the motion the defendant filed. If the defendant fails to do that, the court has several options for remedies depending on the motion that...
  10. Re: What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury an

    Your hypotheticals are very far fetched.

    First, the prosecutor is obligated to turn over to the defense all exculpatory evidence the prosecutor has. Failure to do that can result in overturning a...
  11. Class Actions: Re: What Penalty for Defending Not Serving by Rule of 5 and 25

    And the court is likely allow the defendant to answer and defend the lawsuit. Federal courts (and most state courts too) prefer to render judgments on the merits, not by default. If the defendant was...
  12. Expungement and Sealing: Re: Will Sealing a Criminal Record Remove It from an FBI Background Check

    The statute requires the prosecuting attorney to agree with the decision of the law enforcement agency. If that does not happen then you have to petition the court for relief.
  13. Contract Law: Re: What Case Law Overrides Contractors' Contracts when Governing Agency Changes Rule

    Your question is too general to provide a helpful answer. I assume that by agency you mean a government agency, but not all government agency guideline or rule changes would have any impact on a...
  14. Co-Ownership: Re: Can You Sell a 1/3 Joint Interest in Real Estate

    I've not checked Michigan case law on this, but if what you say is true that would put Michigan very much in the minority of states on that. It may even be that Michigan is unique in that regard. But...
  15. Class Actions: Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    If the court were to dismiss the case for being groundless or frivolous it would do that as either a Rule 11 decision for frivolous claims or a dismissal under Rule 12(b)(6) for claims that fail to...
  16. Re: The Definition of Entrepreneurial Activity, Entrepreneurship in the Legislation

    In the U.S. there is no law that defines "entrepreneur" for all purposes. Any such definition would apply only for a particular piece of legislation. For example, if Congress were to grant a...
  17. Evidence: Re: New Guidelines for Expert Witnesses in State Courts

    If the methodology is flawed then it won't matter how many dealers you contact because the results won't be reliable. That's the problem. If the methodology was sound, then I agree it would be...
  18. Evidence: Re: New Guidelines for Expert Witnesses in State Courts

    Exactly right. Some years ago I wanted to buy a used VW Golf from a VW dealership. The blue book value of the car as equipped was about $4,500. I offered $4,400 for it paying cash. The salesperson...
  19. Evidence: Re: New Guidelines for Expert Witnesses in State Courts

    Not so. If you wish to work for both, your work had better not be (at least too) skewed in one direction or the other or one side will refuse to hire you. But when you work exclusively for car...
  20. Evidence: Re: New Guidelines for Expert Witnesses in State Courts

    That is a serious problem. First, it indicates that you routinely only testify for plaintiffs, which itself can invite attack by the defense for bias, and more importantly it confirms that your...
  21. Class Actions: Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    The OP indicates he/she lost on summary judgment, and the district courts do issue opinions supporting their orders on the motion. That's because (1) the motion if granted disposes one or more issues...
  22. Evidence: Re: New Guidelines for Expert Witnesses in State Courts

    The potential problems I see with the methodology is that (a) the sample size is somewhat limited and self-selected and (2) more significantly you are inquiring about just one measure of value of a...
  23. Heirs and Beneficiaries: Re: Atty Has Not Given Me My Inheritance After 8 Mos

    It doesn't require the complete distribution of the trust within 7 months. It provides for distribution of pecuniary amounts to beneficiaries out of income of the trust within 7 months, and if that...
  24. Class Actions: Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    Based on what evidence?



    Again, based on what evidence? A judge would be stupid to do that, particularly when it's just to have the defendant save the judge and his/her clerk some effort in...
  25. Class Actions: Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    That was true in the district court in which I clerked, too, the clerks often did much of the drafting of summary judgment opinions; I worked on a few myself. But having their own clerks do it is...
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