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Can an attorney fax cases cited in her motion to a judge…

Customer Question
Can an attorney fax...

Can an attorney fax cases cited in her motion to a judge without doing the same to the opposition? should the judge let the opposing attorney know of this communication? Kentucky law

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Has anything been filed or reported?

I found out of the fax when opposing counsel said at a hearing that she had faxed cases to his office. the judge said he had not read them yet, but a week later he ruled against me which is now being appealed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

One last question,can an oral boundary line agreement be legal if the property line has not yet been established?

Submitted: 1 year ago.Category: Legal
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Answered in 8 minutes by:
5/12/2017
Lawyer: LawTalk, Attorney replied 1 year ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Oral agreement regarding real property are never enforceable in court. Under the law, any agreements regarding real property must be in writing and signed by the party against whom enforcement of the agreement is sought.

If a judge has asked for copies of case law to be submitted, or even if they did not but one party submits copies of the cases for the judge, then that researched case is not part of the trial file but merely research assistance provided for the judge, and the law does not require that the same cases be provided to all opposing counsel. The cases were presumably listed in the court documents, or mentioned in open court, and it is up to opposing counsel to do their own legal research.

There was no need for the judge to notice opposing counsel that they received copies of case law from any party.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

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Customer reply replied 1 year ago
I need a case reference for the answer to the oral goundary line agreement made before witnesses
Customer reply replied 1 year ago
do not call
Lawyer: LawTalk, Attorney replied 1 year ago

I do not do case law research as part of answering a question. Access to case law/statutes for all 50 states would cost me upwards of $400 per hour and I can't possibly pass that on to you---nor would I expect that you would be willing to pay that fee.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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