Criminal Law Questions? Ask a Criminal Lawyer.
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How does a plaintiff establish damages when filing a malicious prosecution suit?Can the suit malicious prosecution be filed in small claims court?
I think our SCC limit was just increased to $10,000.
DA advised that there is on discovery in district court for Magistrate complaints...Probable Cause is oath on the Bible.
Followup questions:1. How the hell to I see the evidence prior to trial if there is no discovery?2. Can I depose or have my attorney depose the plaintiff?
3. Can I force this matter to a jury trial? How.4. Since the State didn't file the complaint, is this case not about Citizen A vs. Citizen B?
My first appearance is in regular district court...It appears that the magistrate only hears civil cases..Warrants for domestic violence from an individual also go to district court.
I agree with hiring an attorney. But if I elect pro se, why should my access be restricted and not be the same as any attorney?Why can I not depose the plaintiff?
I can see it from the courts position....Thanks Paul, J.D. You are the best as always and one of the primary reasons I am a JA customer.
Followup questions:1. Was the arresting officer required to read me my rights?
2. In this case where law enforcement was not involved with only the Magistrate acting on the oath of another individual, is this case the State of NC vs the Defendant or the Plaintiff vs the Defendant?
How do I ask the judge for a jury trial?
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