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Recent Pre Trial Motions questions

I have rewritten a few times reasons for 12f strikes and 12c

I have rewritten a few times reasons for 12f strikes and 12c motions against the answers from defendants. Tomorrow will be the last day that I can respond and I want to run them by you for close analysis and opinions if you are available.

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CalAttorney2

Attorney

Doctoral Degree

20,486 satisfied customers
This question is Esq ONLY. Mr., Kansas medical malpractice

This question is for William B Esq ONLY.Mr. B, Kansas medical malpractice here again. Thought I'd catch you up on things, plus I have a few questions with which I'm hoping you can help me.Since I last wrote I've filed a couple of motions and filled out my Pretrial Questionnaire. I told you I thought I would appeal the denial of my request a screening panel be assembled, but decided you're right that it would be a very long shot, especially since the Rules of the Supreme Court plainly state I had very limited time to request a panel and not only is that time long past, but I, in my ignorance, asked the court to deny my earlier motion to assemble a panel. So I'm forgetting about that.Once my request for the screening panel was denied, I made a motion to be allowed to move ahead proving malpractice without expert testimony. The court told me it was too early to rule on that, that question would ripen later, or something like that.Then I did some more reading and made a motion asking the court to appoint an expert, but with my being responsible for paying him/her. Remember, my difficulty was I could not FIND an expert; couldn't even get one to answer my letters / emails of enquiry. I thought I made a good argument, noting that both Fed. R. Evid. 706(a) and D. Kan. Rule 26.4(a) provided for court appointed experts. I pointed out (I hope correctly) that D. Kan. Rule 26.4(a) was particularly significant since the federal courts follow state laws and procedures when a diversity suit calls a particular state's law into the federal court, that therefore the existence of D. Kan. Rule 26.4(a) was proof the feds believed its substance did not violate Kansas rules. One of the defense lawyers said he'd never heard of either of these federal rules and appreciated learning of them. All agreed nothing in KS rules prohibited the court appointment. But the judge ruled that since nothing in the KS rules specifically empowered him to appoint an expert he was not going to do it. Since the most basic function of the courts is to hear cases, not to dismiss them (I came across a case which included the quote, “the courts do not favor default judgments,” then went on to point out that hearing the facts was the first responsibility; now there was sound reasoning), I thought the dismissal was a chickenshit move, but one that certainly showed me the handwriting on the wall. Still, until at least one cow comes home…Also, in my preparation for my Pretrial Questionnaire, I came across a statute I wish I'd known about earlier, like when I was first filing my Petition. Turns out, Kansas holds pharmacists responsible for examining each patient's prescription profile before filling a new prescription; this, to assure no adverse interactions are known, the legacy drugs with the new ‘script. AND pharmacists are not protected by the no-vicarious-liability law with which KS shields MDs, DOs, APRNs, etc. BINGO! Now I can have two payable issues, perhaps with two insurers instead of only the one I now have! I point this out and make a motion to amend my (already-once-amended) Petition. Nope, the judge says it's too late. I kind of have to agree he's got a point: it's been more than three years now since the event and my only excuse is that I'm an ignoramus. So no-go there.So, as things now stand the defense has until August 12 to submit their Motions for Summary Judgments, and I have until September 2 to respond. The hearing is scheduled for 9/28.The judge then asked me if I had anything in place of expert testimony, viz., “learned treatises, articles on subject, etc.” I reminded him I'd tried to get fluticasone propionate's in-package warnings and instructions judicially noticed, ditto for the FDA's consumer info, but had been refused. Twice. I'd gotten the impression I could forget the “learned treatises” exception to the hearsay rules. Now I think I'd better write up a list of maybe a dozen or so and just amend my Pretrial Questionnaire to include those among my exhibits; what do you think?Also, assuming the court won't judicially notice these things, can I have them on hand at trial and use them to question defense witnesses? I've noticed what seems a special treatment given to exhibits, witnesses, etc. used in rebuttal. Is this maybe the way to work these things in?I've got other things I'll want to ask, but have to run now. Please start with this stuff.Thank you.

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CalAttorney2

Attorney

Doctoral Degree

20,486 satisfied customers
How do I file a "motion" or "answer" to a summons in Oregon?

How do I file a "motion" or "answer" to a summons in Oregon? Do I have to have a lawyer answer? and why do I have to pay a filing fee of $500.00?

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RobertJDFL

Attorney

Juris Doctorate

14,408 satisfied customers
Fairfax county circuit court Civil Calendar control A

Fairfax county circuit courtCivilCalendar controlA dishonest lawyer keeps going to calendar control without noticing me or noticing me on days I can't attend. If I say, I can't attend . The dishonest lawyer goes anyway.How can I let the court know what is happening so that this can be stopped ? Is there a fax or email to calendar control so that I can send the emails showing that I have told the lawyer that I am not available?Thanks

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CalAttorney2

Attorney

Doctoral Degree

20,486 satisfied customers
Defendant in fl charged with 893.135 in 2012. This law was

defendant in fl charged with 893.135 in 2012. This law was ammended in 2014 by increasing amount of oxycodone required for a felony therefore trafficking charge no longer applies. Case has not yet gone to trial. What is defense needed to drop initial charge.

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Gerald, Esq

Juris Doctor

6,842 satisfied customers
Are you available? We have already been over some of the

Are you available William? We have already been over some of the issues and I need to see if there is anything I can do, any motions I can make since our last chat.

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CalAttorney2

Attorney

Doctoral Degree

20,486 satisfied customers
What happens when the prosecution gives the accused a

what happens when the prosecution gives the accused a handwritten note that the sheriff's dept. did not properly retain evidence or the evidence was destroyed, yet the person accused is convicted of the crime. Will this be an automatic reversal on appeal...california is the state.

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Zoey, JD

Doctoral Degree

33,456 satisfied customers
I am 3 weeks away from a legal malpractice trial. I have an

I am 3 weeks away from a legal malpractice trial. I have an attorney who is suddenly demanding a significant sum of money in addition to what we have already paid without a true accounting of fees and costs in the case. He appears to be unprepared fortrial and reluctant to try the case. He appears to be forcing me to settle for far below what he has told me is the value of the case (I suspect it is because he is afraid to go to trial) To date he has not provided me with any written case evaluation, hasnot obtained transcripts of important witnesses, including expert witnesses, and not has provided me with a budget though trial, or outlined any strategy in preparation for trial (e.g.,pre-trial motions, jury instructions, exhibits, etc.) I am concerned thathe can not adequately represent me at trial and that he cannot obtain a reasonable settlement. A friend has suggested that I write to him and directly request a budget through trial, a case evaluation, a list of exhibits and witnesses, and a list of pre-trialmotions he intends to file. (I am afraid that at this late date he has not even contemplated, let alone, worked on any of this!) My question is: would you recommend this course of action? I have panicked to the point of interviewing other legal counsel andam considering firing my current attorney and hiring another who has agreed to step in and make a motion to continue the trial and to properly prepare the case. What should I do?

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Ray

Lawyer

Doctoral Degree

41,592 satisfied customers
I own a sole proprietorship, buying and selling large equipment,

I own a sole proprietorship, buying and selling large equipment, (tractors, etc.) A man lives on my property, in a mobile home, which I also own, in North Pole, Alaska, in exchange for advertising and selling the equipment. He was an employee. He has recently acquired a protective order against me, and is selling my equipment and pocketing the money. I have an attorney that has served him with a termination letter, to vacate the premisses, that he is not allowed to represent me in any way, that he falsely charged me with assault, and to return all monies from sales of my property. He has 30 days to vacate. However, a friend has told me that two more pieces of equipment seem to be missing from my lot. The troopers have said they can't help because it's a civil matter. My attorneys say it's grand theft, and the troopers have to see about it. Do I have to sit back and allow this man to sell my equipment and keep the money; he has a protective order (for 30 days) and I can't go to my property.

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CalAttorney2

Attorney

Doctoral Degree

20,486 satisfied customers
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