Civil Actions
How Do I Compel Discovery When the Judge Has Recused Himself from the Case?
I filed a complaint pro se against the county and sent my 1st set of interrogatories and request for production of documents with a 28-day time.The county's attorney 2 weeks later filed a motion for a protective order to keep from answering the interrogatories or producing the documents pending deposition of me, which they have never attempted to schedule.The judge then recused himself. The 28 + 5 days have passed and I have never received anything. A new judge has not yet been appointed. Does the recusal automatically stay discovery or motions, or can I go ahead and file for a motion to show cause for sanctions and motion to compel the discovery.Their attorney never moved for an extension on the discovery, but I don't want them to scream that I'm vexatious. Thanks!
Is it proper under Idaho rules for a plaintiff to personally serve defendant or defendant's attorney?
I'm confused about the difference between service of process and the service of motions and other pleadings after the initial case is filed and properly served in Idaho. Specifically, is it proper under Idaho rules for a plaintiff to personally serve (as opposed to hiring a process server to serve) defendant or defendant's attorney by mail or in person, pleadings and motions and other papers after the summons and copy of complaint are properly filed and served? The Idaho Rules of civil procedure are available online at: http://www.isc.idaho.gov/rules/civilidx.htm rules 4 and 5 appear to be relevant.
How Do I File an Amended Complaint in Florida?
Last Wednesday, I filed a started a lawsuit and had a process server serve the Summons. I would like to Amend my Complaint I just served on Monday - before the defendant 'answers'I want the Amended and base my new Complaint for 'Discovery' reasons only - to help give me a better 'Cause of Action' to know exactly what I am suing for.I need the statute numbers or Fl rule of civil procedure number's. Thank you.
How do I file appeal to court decision?
Defense won motion for summary disposition sent letter saying I have 7 days to object, I objected, hearing on Dec 6. Judge gave defense 35 days to enter judgement. I want to appeal but will not get transcripts from motion hearing before February 10. Do I have to appeal without motion hearing transcripts, or do I appeal based on defense judgement order? Please send case law.
How Do I Vacate a Default Judgment in Washington if I Was Out of the Country?
I have a legal matter which I have to attend to. I recently got divorced. I was represented very badly in the divorce by the firm. The lawyer who was assigned to my case left the firm and then the lead attorney stepped up to take my case. She was not only hopeless she managed to make things worse. I fired her on November 23rd 2009. I settled my entire bill and had an assurance that there were no further bills on December 1st 2009. I lost all my community property in the US to former spouse, so I moved to Italy in late June 2010 where my mother left me a home. This attorney billed me in March for work she says she did in February 2010, three months after I fired her. I contested this. She assigned this small bill [first $919, then $1,800] to a very sleazy debt collector. Notwithstanding my contesting the merits of the case, the debt collector unbeknownst to me filed a motion for affidavit of service and obtained default judgment on September 10th 2010, full knowing I was not served because I was in Italy. On October 12th 2010 an affidavit of garnishment was filed with the court. Unfortunately I only found out about any of this on November 12, after an default judgement for the garnishment on my bank account was filed for $3,107.23. The bill gets bigger all the time. How can I file a motion to have the Default Judgement set aside? Please only answer if you know what documents I need to file in the relevant court.