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Recent New Trial questions

Can evidence entered by the Prosecution during trial be

Can evidence entered by the Prosecution during trial be corrected during appeal? Or is that evidence closed and must remain. For example, they can not change dates of medical records and claim that they were a typo? I'd venture to think evidence must remain as entered and if it creates serious doubt as far as the verdict is concerned, there must be a new trial.

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Nishan Parlakian

Principal Attorney

122 satisfied customers
Is a civil case closed if it states closed?

I would like to know if a civil case is closed if it states closed and also states disposed by default in Florida?It is an old debt from online college in 2010. I was making payments faithfully. Never received a notice and judgment was filed in 2014. I am trying to buy a house. It is not real estate. It's a creditor.

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Dwayne B.

Juris Doctor

35,368 satisfied customers
I went to my small claims court prepared but the defendants

Hello,I went to my small claims court prepared but the defendants lawyer who was also present was told by the judge his case would take too long and that another date would be assigned.Now the defendants attorney sent me letters basically saying his schedule is so busy that it could be months before he can go back to court again. He's stalling.Is there anything I can do to stop him from the stall.This case is in Georgia, Cobb County Magistrate Court.

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LawTalk

Attorney at Law

Juris Doctor

32,514 satisfied customers
I had sued my ex wife for 20k. Two seperate cases for 10k

I had sued my ex wife for 20k. Two seperate cases for 10k each in small claims court. She showed up to the first and it got thrown out because the judge was a temp. The second case the defendant failed to show up and I was granted 10k. The defendant didn't read the paperwork and didn't even know their was a second case but is refusing to give me money. Can she appeal? Or what should my next steps be?

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Asad Rahman

Attorney

J.D.

2,856 satisfied customers
I lost my case in California Small Claims Court. I took out

I lost my case in California Small Claims Court. I took out a $10k loan and loaned to my friend for business and told the Judge it was an Oral AgreementMy friend told the Judge that I did not "loan", that I "gave" him my borrowed money to invest into the business and the profits made will be used to pay back for my loans I took. My friend said he did pay me and has a record of the checks shown that he paid me.The Judge said I should've had this in writing and so it would not be considered a "gift" and ruled for the defendant.I am still not clear on his ruling. My friend admitted some of the money was repaid to me. If I did "give" my money away or if the Judge thought it was a "gift", there be no repayment.Does a lack of a written agreement automatically lose the case, even if my friend admitted repayment?

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Dwayne B.

Juris Doctor

35,368 satisfied customers
I looked at my case,photo attached,is written spitilation of

I looked at my case,photo attached,is written spitilation of voluntary dismissal with prejudiice. Is it still possible to keep motion according to rule 60 for vacating the dismissal, as i misunderstood and thought my sanction motion is still active? I am very regret,as when i read their settelment agreement after comming home from court,saw that they have got me sign that they have discriminated against me.i need to know my legal right pls.

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Dwayne B.

Juris Doctor

35,368 satisfied customers
Is it any kind of misconduct that the same public defender

Is it any kind of misconduct that the same public defender defends the same client in two different felonies? We were told the delays in the trial are because anyone having anything to do with the previous case was deemed to have a conflict of interest. But the same lawyer is outed in the case notes.

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Hammer O'Justice

Attorney

Juris Doctor

4,628 satisfied customers
My daughter accused my husband of inappropriate touch. He

My daughter accused my husband of inappropriate touch. He was tried and convicted of it. While in custody his residence expired and ICE was called and he was detained. A judge has ordered his removal. My daughter now wants to take back what she did and said. She has admitted that she did it to teach him a lesson and she never believe that it would go so far. I don't know what to do or who to go to. Please help me.

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Dwayne B.

Juris Doctor

35,368 satisfied customers
My question is about Rule 23 Circuit Courts of Hawaii,

My question is about Rule 23 Circuit Courts of Hawaii, provided below.Here, the judge always has the prevailing counsel write the "order". I understand that has is to be delivered back to court within 10 days, along with "approval as to form". And if the losing party objects they have 5 days to submit the objection. Can this "objection" include the reasons that you object, or does it only apply to an objection that the "order" was done incorrectly or contained content that was incorrect?Rule 23. SETTLEMENT OF JUDGMENTS, DECREES, AND ORDERS.(a) Preparation. Within 10 days after a decision of the court awarding any judgment, decree, or order, including any interlocutory order, the prevailing party, unless otherwise ordered by the court, shall prepare a judgment, decree, or order in accordance with the decision, attempt to secure approval as to form from all other parties, and following such approval deliver the original and 1 copy to the court.(b) Party Approval or Objection to Form; Delivery to Court. If there is no objection to the form of a proposed judgment, decree, or order, the other parties shall promptly approve as to form. If a proposed judgment, decree, or order is not approved as to form by the other parties within 5 days after a written request for approval, the drafting party shall deliver the original and 1 copy to the court along with notice of service on all parties and serve a copy thereof upon each party who has appeared in the action. If any party objects to the form of a proposed judgment, decree, or order, that party shall, within 5 days after service of the proposed judgment, decree, or order, serve upon each party who has appeared in the action and deliver to the court:(1) A statement of objections and the reasons therefor, and(2) The form of the objecting party's proposed judgment, decree, or order.In such event, the court shall proceed to settle the judgment, decree, or order. Failure to file and serve objections and a proposed judgment, decree, or order shall constitute approval as to form of the drafting party's proposed judgment, decree, or order.

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TJ, Esq.

Juris Doctor (JD)

10,688 satisfied customers
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