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?
Requesting legalknowledge please Summary judgment questions:
requesting legalknowledge pleaseSummary judgment questions:So I filed my motion for summary judgment on 12/21/2016 as pro se.Prior to that filing, on 11/11/2016 the defendant's attorney withdrew from the case and on 12/05/2016 the judge granted his withdrawal. So the defendant was left Pro Se to answer my motion.Yesterday on 01/11/2017 the defendant's attorney e filed me and the court a response to my motion after he was released as attorney on record for defendant. How would I handle this isn't this illegal or unethical ?Also let me let you answer this then I have to ask about their response to the summary judgment.
I've 1 of 3 defendents being sued was looking for legal
I've 1 of 3 defendents being sued was looking for legal adviceJA: Because laws vary from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: Case has been filed and we received summons yesterdayJA: Anything else you want the lawyer to know before I connect you?Customer: auto injury property damages is what the plaintiff is sueing for
O]n a defendant's motion for summary judgment, there will
quot;[O]n a defendant's motion for summary judgment, there will usually be no genuine issue of material fact unless the plaintiff presents expert testimony on the standard of care and its breach by the defendant." Jernigan v. King, 312 S.C. 331, 334, 440 S.E.2d 379, 381 (Ct.App.1993) (citing Botehlo v. Bycura, 282 S.C. 578, 320 S.E.2d 59 (Ct.App.1984)).Q. "...on the standard of care and its breach by the defendant." What does this mean?
In Georgia Rule 6.3. Hearing states: Unless otherwise
In Georgia Rule 6.3. Hearing states:Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.What is the normal time frame in which the court responds to motions?
I am planning to sue my attorney for legal fees in small
I am planning to sue my attorney for legal fees in small claims court. I allege the attorney failed to properly prepare for my hearing, as evidenced by the attorney noting key errors on documents the day of the hearing, despite having had the documents in his possession for over half a year. He blames it all on me, however, and I allege he only wanted to collect funds from me. Are such scenarios contestable in small claims court? I live here in Montana and the law is quite backward, to say the least. A paralegal in Helena reviewed a complaint I sent to the Office of Disciplinary Council and concluded that it wasJA: What state is this in? And can you tell me a little more about the charge?Customer: The charge was a wrongful discharge from employment. The charge was that I "failed to exhaust" the employer grievance procedures when I was discharged from the employer. The procedures were followed throughout suspension and termination. At the final step of the procedure--a letter was sent to the CEO, however a box was marked "NO" with an explanation. This "NO" box is what the attorney discovered as a discrepancy on the day of the summary judgment hearing. The case was "dismissed with prejudice" by the judge at the summary judgment hearing because of the NO box being checked and in disregard of the explanation.JA: Has anything been filed or reported?Customer: I filed to the Office of Disciplinary Council--they stated it would be " my word against his" and dismissed the complaint.JA: Anything else you want the lawyer to know before I connect you?Customer: The judge at the summary judgment had been hospitalized and received health care at the ICU where I worked. The attorney made no attempt to have a different judge preside over the hearing. He stated to me that his paralegal played cards with the judge, and that he was bringing her to the hearing in hopes that we might win the hearing. This was something he DENIED when this was presented in the complaint to the Office of Disciplinary Council in Helena.