For questions about any of the series of events that are legal actions in the initiation and resolution of a filing, including events prior and subsequent to the proceeding.
Canonical answers:
Questions tagged [process]
73 questions
23
votes
2 answers
What are the legal ramifications of a legally dead person turning up alive?
Context: I am writing an urban fantasy story in which a man dies, is declared dead, and comes back to life via supernatural means on the autopsy table. The existence of the supernatural is not common knowledge in the universe of the story, and his…
roundwoodsmonster
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20
votes
3 answers
Is a potential juror protected for what they say during jury selection?
Walter and Bob are potential jurors for the same trial for a white supremacist. Walter happens to believe in white supremacy. Bob happens to be Walter's boss (or even just a potential employer).
During jury selection, they ask Walter about anything…
chausies
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10
votes
1 answer
What happens if you tell the court you are not satisfied with your attorney's representation?
I have often heard judges ask parties at the conclusion of a hearing on some matter, "Are you satisfied with your attorney's representation of you in this matter?"
What is the consequence of a party answering that question in the negative?
feetwet
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10
votes
1 answer
Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?
If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to obtain by fraud, directs the pharmacist to fill the…
Breakskater
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8
votes
1 answer
What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK?
Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no practical purpose to litigating in civil court for…
Stilez
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6
votes
1 answer
How do the US Supreme Court justices decide to deny an application for injunctive relief?
On Dec 8 2020 the US Supreme Court denies Sen. Mike Lee's emergency application for injunctive relief to vacate the Pennsylvania Supreme Court decision on Nov 25 2020.
The US Supreme Court order to deny the application comes as "Order in pending…
GratefulDisciple
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6
votes
2 answers
Is there any legal requirement to use the phrase "you've been served", as seen on television and in movies?
Many American television shows and movies who have a character who is being served some kind of legal documents will have them handed some papers and then being told "You've been served".
Is this a required part of the process service process? What…
jimsug
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4
votes
5 answers
Why does it take so long to get a guilty verdict in obvious cases?
I am not a lawyer and TV has definitely not been an accurate representation of the law. So I'm hoping to get some clarification on things here:
Today we learned that the person who committed the Parkland murders is pleading guilty, more than 3 1/2…
Pyrotechnical
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4
votes
1 answer
What does "No Order on Count" mean as an disposition of a charge?
I'm looking at some case histories from the Cook County, IL criminal courts, and some charges have a disposition of "No Order on Count." What might that mean?
fgregg
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3
votes
3 answers
Is it always a good idea to instruct opposing lawyers to speak directly?
It is a common practice that opposing parties communicate via their lawyers rather than the parties communicating directly to each other.
Besides saving the parties' time, what are the benefits and what are the drawbacks associated with this…
Mingze
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3
votes
2 answers
Plaintiff didn't respond to discovery - and later settled - can I get any legal fees back?
I was sued in New Jersey on (IMHO) pretty shaky grounds. I hired a pricey lawyer ($495/hr) to try to take care of it quickly. It was clear to me that the other side didn't have any intention to go to trial. Very soon into the case my lawyer wrote…
J. Doe
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3
votes
3 answers
Discovery and Efficiency of Process
Does discovery have to proceed step-wise, or is it possible (or even routine) to combine the discovery process whenever possible? Here's a hypothetical example of what I mean:
I am suing an employer for discriminatory hiring practices against black…
feetwet
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3
votes
1 answer
Can a person be charged in absentia in the English and Welsh jurisdiction?
In England and Wales a person can certainly be tried in absentia, but can they be charged in absentia?
user20860
3
votes
2 answers
Are "conclusions of law" given pro forma denials in response filings?
I have been reading Responses to Motions in some court cases. These contain a one-to-one response to each paragraph in the Motion to which they are responding, typically of the form:
Admitted; or
No response required; or
Admitted in part and…
feetwet
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3
votes
1 answer
If a petition is dismissed without prejudice can it be refiled?
If the rules and laws of a court allow a party to bring a petition, and that petition is dismissed with an explanation but with no mention of "prejudice," can the petitioner refile what is substantively the same petition with the same court?
I.e.,…
feetwet
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