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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Can I file motion for sanctions, attorney fees, medical expences

Resolved Question:

Can I file motion for sanctions, attorney fees, medical expences to be re-impursed (how to frase this one?) if the hearion has started already. What is a time frame for filing this motions before the trial?
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

Hi, Welcome to JustAnswer

My name is XXXXX XXXXX I would be glad to help

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1. What is the subject of the trial ?

2. Are you referring to Attorneys' fees you are incurring because of the trial ?

3. Whom do you want the Court to sanction ? Is this also related to the trial ?

Customer: replied 4 years ago.
1. DV Restraining Order
2. yes
3. defendant and his counsel
Expert:  Andrea, Esq. replied 4 years ago.

Hi, Barbara, Thank you for your additional information, I am sorry to hear you were the subject of domestic violence,

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You are certainly entitled to file your Motion for Attorneys' fees, however, it would be premature to file your Motion at this time. I am confident that you will win the trial, however, the Court must enter judgment in your favor as the prevailing party before you can file a Motion for Attorneys' fees.

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If the opposing party has already done something during the trial which he should not have done, then you can file your Motion for sanctions. If he has not done anything as yet, then your Motion for sanctions would be premature and the Judge would dismiss it. A litigating party cannot file a Motion for sanctions against the Attorney for the opposing party. If the Attorney has done something unethical, or in violation of the Rules of Professional Conduct of Attorneys, your recourse would be to report the Attorney to the North Carolina Attorney Disciplinary Board. Please let me know if there i any part of your questions which I did not Answer and I will be glad to Answer, otherwie please be kind enough to rate my service to you so that I receive credit for assisting you, otherwise I will not receive any credit at all for my time and effort.

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