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Recent Burden of Proof questions

LawEducator Esq; When you're @ Summ Judgement phase, is a

LawEducator Esq;Hello.When you're @ Summ Judgement phase, is a plaintiff attorney suppose to garner up not only a deposition taken, (from the defts,but also attach evidence) of proof to support such lawsuit or is this only what the defendant is suppose to do, since isn't it true, the defense are the ones who have such burden to prove that(a geniuine issue) does not exist for damages/trial.-I am befuddled on this part because unless i'm wrong i assume evidence on pltf end, has to attach some evidence,(lawyer said no, that the state has the burden to prove no genuine issue)and how also we presented depo's,(5)and it prove the voluminous amount of inconsistencies/lies/perjury and other relevance and also how (our own live testimony)me and my child is needed, and how again only" 1 genuine fact has to be presented/raise the issue and lawyer said, that is why we did not have to exert alot of evidence to support our claim at summ judgement.Is this true?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,700 satisfied customers
A landlord from 10 years ago, just filed a judgement for

A landlord from 10 years ago, just filed a judgement for unpaid rent. I am claim to owe approximately $1,500 for unpaid rent and some varying fees. Is there a law in Colorado that states how long a landlord can wait to file a judgment, before the breach of contract law become void?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,096 satisfied customers
I had an issue with a previus landlord where my kids broke

I had an issue with a previus landlord where my kids broke some stuff at his place. we went to a mediator and agreed that I would make payments and if I failed he could file a judgement. I have been making payments and he still files a judgement and is going after garnishing my wages. I recieved letter that I need to give all of my work infor with address and where I bank at to see if he can garnish. is there anything i can do in this situation?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WisconsinJA: Has anything been filed or reported?Customer: IO just got the judgement thing in the mail so that has been filed by him.JA: Anything else you want the lawyer to know before I connect you?Customer: no

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P. Simmons

Attorney

Doctoral Degree

37,032 satisfied customers
In my final divorce decree and parenting plan, under section

In my final divorce decree and parenting plan, under section OTHER, it states, " ex-husband is ordered to provide quarterly updates in a form of a letter from his psychiatrist, doctor or therapist as to the status of his behavior/mental health treatment as a condition of his residentail time with the children, and is required to continue to provide quarterly updates until such time as ex-husband's therapist confirms he is no longer in need of medication, counseling, or treatment."I provided my mental health records showing I was briefly treated for depression and anxiety prior to my divorce, on a voluntary basis and could stop treatment on my own descrection anytime I felt I was better. My divorce was final in June of 2015 and my last treatment was December of 2014. I've not seen anyone for mental health issues since and have had no need to see anyone. I'm doing great in every aspect of my life. I recently threaten mom I would return to court and seek enforcement order for my residential time with our children. She then filed with her attorney an Emergency Motion To Suspend Residential Time of Ex-Husband. Its been over 18 months since our divorce and they accepted my paperwork showing I no longer see anyone for mental health. They have allowed for visitation all this time. My question is, what grounds would they need to bring an "Emergency Motion" and can I object on the fact they dont have grounds. Nothing has happened or changed to constitute an Emergency, other than I made Mom mad because I demand time to talk to my kids on the phone and decision making per our parenting plan and court order. Can I object on grounds? Shouldn't there be a rule for what an emergency is? Any other helpful info is appreciated. Thanks

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Ray

Lawyer

Doctoral Degree

38,970 satisfied customers
In Michigan can they charge you with a 4th habitual if, you

In Michigan can they charge you with a 4th habitual ifJA: Has anything been filed or reported?Customer: you were convicted three times of a crime and an attemptedJA: Because laws vary from place to place, can you tell me what state this is in?Customer: Lenawee County Adrian MichiganJA: Anything else you want the lawyer to know before I connect you?Customer: I'd also like to know if they can charge you with multiple upstanding for the same Bond because there were different charges included when the bond was paid all at once and about not being read your Miranda Rights

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RobertJDFL

Attorney

Juris Doctorate

13,364 satisfied customers
Someone bought a part from me that i made for thier vehicle

someone bought a part from me that i made for thier vehicle and installed it. they are claiming that 2 sensors and injectors re now bad from installing it>? the truck is 12 years old and i doubt that the truck has been serviced properly. am i liable for this?JA: What state is this in? And how old is the truck?Customer: 12 years old theey are in caliJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: not that i can think of. this is free correct?JA: The Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.Customer: how much?

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Loren

Juris Doctor

40,222 satisfied customers
I purchased a house with a girlfriend we have both recently

I purchased a house with a girlfriend we have both recently split up the bills were all under her name. I stopped paying the bills the day I leftJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CaJA: Has anything been filed or reported?Customer: No she's claiming that she wants to take me to small claims court over the remaining Electric water and gas bill I have said that it since they were under her name or her responsibility does she have any legal claim to take me to small claims courtJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Loren

Juris Doctor

40,222 satisfied customers
I had brought my 15 year old pickup truck into the service

I had brought my 15 year old pickup truck into the service station for service. When they raised the truck on their hydraulic lift, the frame cracked. I have no idea what my options are. Are they liable? Do they have insurance for accidents like that? They are claiming that the reason was rust and age. Does that even matter? This was a very reliable vehicle and would be a significant loss.Thanks,Chad

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Irwin Law

Juris Doctor JD

9,294 satisfied customers
In Florida, if I am acting in self defence as a rideshare

In Florida, if I am acting in self defence as a rideshare driver after someone attacks me, must I report it? Or do I only raise the defence if served? What're the LEGAL REQUIREMENTS? As it's my car, can using a knife or mace to inflict bodily harm be a factor? Please advise. Thank you!

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LawTalk

Attorney at Law

Juris Doctor

35,082 satisfied customers
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