Federal Rules of Civil Procedure

not apply to most civil issues. Pro se´ litigation should not be taken lightly, and certainly will not prove easy. Remembering the following tips as you take this daunting journey, will help to alleviate (some) inevitable stress. 1. Respect the process: The rules of the court are in place to provide continuity and to allow…

CRIMINAL PROCEDURE Assignment 1 1. The peace officer must be duly authorised by statute to arrest the suspect, with or without a warrant . In order to affect an arrest, the arrestor must exercise physical control over the arrestee . Except for situations where the arrestee submits to the control of the arrester, the arrester may affect the arrest by touching the person of the arrestee or detaining his person by force . The degree of force legally permitted in arresting or attempting to affect an…

Imagine a normal day at home, maybe watching television or making dinner, then something smashes against the side out the house, ripping it away from its foundation. It’s all a blur at first, until the black sludge starts to sweep into your house, it becomes clear immediately, this is West Virginia after all. The dam had broken, sending refuse and water borrowing down the valley, wiping away everything in its path. Somehow, you make it to the roof, revealing for the first the true depth of the…

In my court case Witherwax v Transcare, Inc. 2005 NY. Transcare ambulance transported Witherwax to the hospital 2000, and the transcare employee didn’t recorded the right address for Witherwax resulting in Witherwax not receiving a bill for the services performed by transcare. Transcare sent witherwax bill to a collection agency. Witherwax claims that Paul Michael reported the debt to the three credit reporting agencies as being "seriously past due. Witherwax tried to resolve the debt, but…

At this time, and in light of The District’s aforementioned jurisdictional objections, the District will only generally respond to the 6 specific allegations and the single proposed resolutions contained in the Complaint. By not offering a response to each and every factual allegation made in Petitioner’s Complaint, the District in no way are waiving its right to contest any relevant factual allegations in the due process hearing in this matter. A review of Petitioner’s educational records…

Facts: This case was brought about when Jean Price, the plaintiff, filed a lawsuit against Lorene Ellis and Henrietta Glayson, the defendant and co-defendant, claiming that they had maliciously and falsely accused ms. Price of adultery and defamed Ms. Price’s reputation to her husband. On May 9th, 1995, Ms. Glayson called the plaintiff’s husband to inform him that his wife, who was three months pregnant, had an affair with another man and that the child Ms. Price was carrying could possibly be…

action. (Code Civ. Proc. § 1032, subd. (b).) Where provided by a fee-shifting contractual provision, attorney’s fees qualify as “costs” for that purpose. (Code Civ. Proc. § 1033.5, subd. (a)(10)(A); Civ. Code § 1717, subd. (a).) However, Code of Civil Procedure section 1033 (“Section 1033”), subdivision (b)(1), provides the trial court discretion to deny or limit a prevailing party’s costs where “the party could have brought the action in the small claims division but did not do so.” Section…

Plaintiff at trial was Cellco Partnership, now Appellant. Defendant at trial, Shelby County, now Appellee. Facts: Cellco Partnership, Appellant, originally entered a lease agreement in 1995 with Cellco Partnership (Verizon) allowing an easement to Stonebridge Water Tower. In 2000, Highway 64 learned that Verizon had installed cellular equipment on Stonebridge Water Tower and accused them of trespassing and threatened to file a suit against them. In 2001, Verizon (Cellco Partnership) filed a…

The legal aid for the plaintiffs in the well known Uber and Lyft legal battles, is taking the same fight to four more companies. The Uber and Lyft lawsuits were based around misclassification of workers as independent contractors. It seems to be a popular allegation amongst on-demand companies. The four other companies soon to be facing trouble similar to that facing Uber and Lyft are: Postmates (delivery service), Instacart (delivery service), Washio (a laundry service), and Shyp (a shipping…

The Hospital has fully and completely responded to the Third-Party Defendants’ discovery requests, and in our good faith effort to clarify and address the specific items in your letter, and thereby avoid any discovery dispute, we are providing the following supplemental responses and will further supplement if additional responsive information is obtained as discovery progresses. In further response and without waiving any of the previous objections, including objections as to attorney-client…