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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 9699
Experience:  Licensed to Practice Law
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Are you able to review a (Federal District Court - Eastern

Resolved Question:

Are you able to review a (Federal District Court - Eastern Virginia) Civil Complaint at this link which I am preparing to file and
offer your opinions and suggestions.


Also, how do I later change JOHN DOE's to actual names if/when I learn them through discovery ?
Do I file an amended Complaint ? If so, how many times can I amend? And would I have to serve those on all parties again ?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

I do not see a link to a complaint. Can you post it again?
Customer: replied 1 year ago.

Sorry, I didn't put the link in the message. Here it is . . .


 


http://Customer.org/Complaint.doc


 

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I skimmed the complaint, and it certainly needs some tweaking. You've written it like a story, and included case law. However, you don't make legal arguments in a complaint, and you don't need the kind of detail that you state. You can see a sample complaint here: CLICK HERE. It's from a different court, but complaints are the same in all courts. It is a good example. The complaint merely states necessary facts that support a particular cause of action.

You also asked:

Q: how do I later change JOHN DOE's to actual names if/when I learn them through discovery ?
A: You can request leave of court to amend the complaint.

Q: Do I file an amended Complaint ? If so, how many times can I amend?
A: You can amend it as many times as the court will allow it. If you request leave of court to amend the complaint merely for the purpose of changing a name from John Doe to the party's actual name, then the court would almost certainly grant leave of court for that purpose as many times as is necessary.

Q: And would I have to serve those on all parties again ?

A: Yes, you would have to serve all parties. However, once a party has been served once, documents can be subsequently served by regular mail.

 

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.

Customer: replied 1 year ago.

1. Can leave of court be requested without appearing in person (it's 1200 miles one way to the court ) ?


 


2. If going to jury trial, can I supply the jurors with a memorandum of law as an exhibit ? Would that be a valid exhibit for admitting into evidence ?


Or would need to present that in oral argument ?


 


3. Do you know where there are copies of any First Amendment complaints that have been filed regarding protests ?


 


4. I realize that I included more than what is needed for the complaint, but in the event that the case is settled without going to trial, I wanted the officers involved to be informed of some things . . . and by putting it in the complaint they might not completely ignore my communication to them.


 

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

1. Can leave of court be requested without appearing in person (it's 1200 miles one way to the court ) ?

A: Yes, you request it by motion, and it is unlikely that a hearing would be scheduled for it. The judge would likely make the decision based only on the motion.


2. If going to jury trial, can I supply the jurors with a memorandum of law as an exhibit ? Would that be a valid exhibit for admitting into evidence ?

A: The memorandum of law would not be admitted for that purpose if the point is to sway the jurors as to the law. The jury does not make legal determinations. Only the judge can make legal determinations. The jury only decides the facts.


Or would need to present that in oral argument ?

A: Legal arguments must be made to the judge, not the jury. As for whether you would give the judge a memo or make an oral argument, that depends on the circumstances of the legal issue that needs to be determined, and on the judge's preferences.

 

3. Do you know where there are copies of any First Amendment complaints that have been filed regarding protests ?

A: Try this: CLICK HERE.


4. I realize that I included more than what is needed for the complaint, but in the event that the case is settled without going to trial, I wanted the officers involved to be informed of some things . . . and by putting it in the complaint they might not completely ignore my communication to them.

A: I see your point, but I think the fact that the officers are being sued will be enough to get their attention. In my opinion, the complaint should be concise and not offer any more facts than necessary to properly plead the cause of action. You may find that you box yourself in by offering too much too early.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 9699
Experience: Licensed to Practice Law
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