Pleadings
What should a proposed order after an administrative review include?
What should be the form and content of a proposed order requested by a circuit court judge after an Administrative Review? The Review dealt with an Administrative Hearing which resulted in the suspension of driving privileges. I want this suspension to be removed.
Do ongoing retaliations need to be filed as amended pleadings?
This question is about an employment EEO case in federal court where the orginal pleadings were about discrimination and retaliation. Question Part 1: Do ongoing and later retaliations in a nexus with the case need to be filed with a leave to amend for amended pleadings or are they automatically integrated into the lawsuit? Question: Part 2: Will a response to a motion for summary judgment be sufficient and considered as amended pleadings? See: Ganther v Ingle where a response to MSJ is considered as amended pleadings in the U.S. 5th circuit.In Texas, the law is such that judges always allow a cure for any defect of pleadings, before during, or after trial. However, my question involve federal court. The attorney does not believe that amended pleadings are necessary, since a retaliation claim does not have to be administratively exhausted as a new claim, since it is in nexus with the orginal pleadings or integrated into the law suit.
Can a judge impose a constructive trust not raised in the petition?
In a civil case, can a judge decide on an issue NOT brought by petition to the court (though introduced at trial), and use that issue to award the petitioner an award if the petitioner has otherwise failed on the original issues of the petition? Specifically, can the judge impose a constructive trust if the petitioner has failed (as admitted by the judge) to meet the test for a constructive trust? The question pertains to a Surrogate's Court decision in Rockland County, New York.
How often can you include a prayer for judgment in a pleading?
How often can you use the phrase "pray for judgment" in a pleading?
How long do I have to find an attorney after receiving a court notice?
I received a noticed from supreme court of Stampford, motion for default for failure to appear, judgment and order for weekly payments. I called around for an attorney, but have yet to find one. One of the ladies that works for one of the attorneys told me to go on-line jud.ct.gov to file an appearance jd-cl-12 form, which I did. How long do I have to find an attorney, and do you know where I can find an attorney?