|
FrozenVent posted:Shits and giggles - because how often does the average person get to see the inside of an actual courtroom? I was so pumped when a guy who rear-ended me had to go to court for the reckless driving charge the officer gave him (he rear-ended me while I was sitting at a stop light at 5:15pm at the busiest intersection in town, and hit me so hard a tow truck had to come and raise my truck off from on top of his). I was so excited. I bought a new shirt to look nice. Told my boss I was leaving at noon. And then I realized I wrote down the wrong date on my calendar so I missed it by 2 days  . I didn't really care about the kid's charge, I just wanted to be in court, dammit! It sounded cool and all official. And the letterhead for my summons said YOU ARE COMMANDED TO APPEAR IN COURT so yeah there is a little bit of the intimidation factor there.
|
#
?
Feb 19, 2014 04:11
|
|
|
|
| # ? Jun 4, 2024 00:35 |
|
|
Thats funny, I got rear-ended by a drunk who fled the scene on foot a few years ago, they did summon me but I didn't go, It was like an hour drive and I didn't really see the need. It was super loving obvious he was in the wrong, he fled the scene. He was found guilty anyway.
|
|
#
?
Feb 19, 2014 05:15
|
|
|
I think you can call and ask to appear by phone or write a thing to them if you want to help but don't want to/can't go. They may or may not let you but you can ask.
|
|
#
?
Feb 19, 2014 05:29
|
|
|
Arcturas posted:Why is trespassing so tough? Doesn't it just require being on someone else's property knowing it's theirs? Or does it require some intent to do something bad while there? Most trespassing cases involve areas not gated off or signed regularly. ---- As for subs. You all may have dodged DA subs (particularly mailed ones), but if you dodge a my personally served one, I will have a warrant for contempt issue. If my client's rear end is on the line, I'm not playing. nm fucked around with this message at 05:34 on Feb 19, 2014 |
|
#
?
Feb 19, 2014 05:31
|
|
|
nm posted:Most trespassing cases involve areas not gated off or signed regularly. In my state it's almost impossible to be found criminally liable for trespass in any sort of business. Civil trespass is easy, but the judges refuse to find PC for a criminal trespass unless the head manager of the store personally told you you were trespassed within the last 24 hours. It's strange. Also, yeah, if you dodge my subpoena I'm more than happy to get a material witness warrant for your rear end, I'll send the case officer personally to arrest you if we are mid-trial, and I'll likely file criminal charges against you. I love material witness warrants.
|
|
#
?
Feb 19, 2014 05:50
|
|
|
To clarify, I didn't get subpeona'd. I basically got a letter from the officer telling me when the court case was.
|
|
#
?
Feb 19, 2014 06:06
|
|
|
BigHead posted:In my state it's almost impossible to be found criminally liable for trespass in any sort of business. Civil trespass is easy, but the judges refuse to find PC for a criminal trespass unless the head manager of the store personally told you you were trespassed within the last 24 hours. It's strange. Tell stories about this stuff! I am repeatedly disappointed when this thread won't go into general process or examples for educational purposes and instead veers directly into advice territory. What qualifies someone as a material witness and is that what allows you to request a warrant? Have you ever had instances where witnesses didn't want to appear for legitimate reasons and if so, how do you/the court handle it?
|
|
#
?
Feb 19, 2014 07:07
|
|
|
NancyPants posted:Tell stories about this stuff! I am repeatedly disappointed when this thread won't go into general process or examples for educational purposes and instead veers directly into advice territory. Note that if you actually show up on the OSC date and be a humble person and you didn't just gently caress up a murder case, the judge will probably forgive and forget, at least the first time. If you have a legit reason, you should call the attorney who sent you the sub. If they have time, most courts will continue for civilian witnesses who ask ahead of time. They have some sympathy for poo poo happens. If you get hit by a bus or something the day of court, you go to the OSc, you'll be found not in contempt and get ordered back on another day. If they try to continue and the court doesn't grant (for example if you're running against a time issue), you're poo poo out of luck and have to come in. If you think the sub is bullshit because you don't know poo poo about poo poo or something, you can move to quash the subpoena. This generally requires a lawyer.
|
|
#
?
Feb 19, 2014 07:14
|
|
|
What happens if you get sub'd to somewhere way the gently caress away from home - say you witness a crime on vacation or whatever. Is "I live a thousand miles away and can't afford this poo poo" a valid reason to get out of it or appear by phone or whatever?
|
|
#
?
Feb 19, 2014 07:19
|
|
|
Javid posted:What happens if you get sub'd to somewhere way the gently caress away from home - say you witness a crime on vacation or whatever. Is "I live a thousand miles away and can't afford this poo poo" a valid reason to get out of it or appear by phone or whatever? In California, you're in a different county more than 150 miles from the court we need a court order. Generally the subbing party in that case would pay travel expenses. If it is out of state, it is even more complex.
|
|
#
?
Feb 19, 2014 07:22
|
|
|
PatMarshall posted:The LLC is taxed on the basis of its tax year: usually the calendar year. If you no longer want to pay the fee, you should get rid of the LLC before the end of the year (although you will still need to file with respect to the year of liquidation). Tax day (3/15 for calendar year LLCs) is just the deadline for filing and paying the fee.
|
|
#
?
Feb 19, 2014 07:38
|
|
|
nm posted:In California, you're in a different county more than 150 miles from the court we need a court order. Generally the subbing party in that case would pay travel expenses.
|
|
#
?
Feb 19, 2014 07:41
|
|
|
ShadowHawk posted:Do any courts allow deposition by video conference? Is that a thing? Depositions are generally up to the parties and you can do it however you want. Skype and livenote have gained in popularity. I take many depositions over the phone where the court reporter , the witness, and attorneys are all in separate states. If its important enough I will video tape it in case the witness can't be at trial.
|
|
#
?
Feb 19, 2014 08:54
|
|
|
ShadowHawk posted:Do any courts allow deposition by video conference? Is that a thing? It's incredibly common to do videotape depositions for complex civil litigation. For example, for patent litigation, we video all depositions and will frequently use small segments of video at trial in order to avoid calling a witness who we only need for like five lines of testimony. I think that you can't do video depositions for criminal cases and use them at trial because of the confrontation clause, but nm or someone else who does criminal work could probably answer that.
|
|
#
?
Feb 19, 2014 13:57
|
|
|
In movies and shows, it's often a thing where they have to go through gymnastics to serve someone, like pretending to be a delivery man so they'll answer the door or poo poo like that. Is that actually a thing, and does it actually happen? Anyone have any awesome stories where they had to get some chick to pretend to be a girl scout selling cookies door to door in order to serve someone or something? 
|
|
#
?
Feb 19, 2014 15:00
|
|
|
I have a trial on Monday where the defendants are phoning in for their testimony. It's no big deal.
|
|
#
?
Feb 19, 2014 15:02
|
|
|
euphronius posted:I have a trial on Monday where the defendants are phoning in for their testimony. It's no big deal. Most of my clients phone it in too
|
|
#
?
Feb 19, 2014 15:03
|
|
|
euphronius posted:I have a trial on Monday where the defendants are phoning in for their testimony. It's no big deal. Yeah, I misread the question to refer to videotaped (I.e. prerecorded) testimony, not live video. I can't see a confrontation clause issue in live video but could potentially see it in prerecorded, even though the latter is commonly used in civil litigation.
|
|
#
?
Feb 19, 2014 16:18
|
|
|
I have what I assume is a contract law question, specifically about non-compete clauses. I am in Pennsylvania, client is in New York. Long story short, since early last year I have been working as a consultant for a project. I was under contract with that original project and the contract expired last August. The project ran into internal issues that had nothing to do with me and was mired in court for a bit. Now that is settled but it split into two projects covering more or less the same subject. Both of them want to work with me, both of them are covering a very similar but not quite identical topic, both of them are aware of this and have verbally stated they are ok with me working with the other as long as I don't share information back and forth or give them the same sources (this should be fine since they are asking me to find different things). All well in good. The issue is one of the projects wants me to sign an NDA now. I am fine with this except the 10th and final item in it is an NCC. They are fine tweaking it but I don't think either of us are quite sure what the language should be. I don't want to get locked out of the other project or proceed with it and accidently break the NDA. I am not currently under contract with either project nor am I being paid. They are both low on funds and I am more or less expecting to donate my time going forward as I am very interested in what they are doing but I am not interested in locking myself out of options. Any ideas on where/what kind of lawyer/online resource I should look for advice on language for this thing or language tweaks themselves? There is also no mention in the NDA of which state's laws apply which should be added, if anyone has an opinion on if that should be PA or New York. Here is the current and original draft. Original was definitely way too restrictive but I think they just pulled it from a generic NDA (anything between ** is replaced text for names): Current: NonCompete. From introduction and signing this NDA to the aforementioned end of *the project*, disclose shall not, directly or indirectly through other project compete with disclosed nor carry on any business that is similar to the above disclosed. *nesbit37* and *client* understands that if *nesbit37* is asked to participate in another project that this will be open for discussion in good faith to ensure protection of *client*’s project assets and *nesbit37*’s ability to pursue his areas of career focus. original: 10. NonCompete. For a period of three years after introduction and signing this NDA to the aforementioned, disclose shall not, directly or indirectly through other project compete with disclosed nor carry on any business that is similar to the above disclosed. nesbit37 fucked around with this message at 16:35 on Feb 19, 2014 |
|
#
?
Feb 19, 2014 16:23
|
|
|
If you are not being paid why in God's name would you consider signing a non-compete at all? Why not ask them to eliminate the line entirely?
|
|
#
?
Feb 19, 2014 16:36
|
|
|
Andy Dufresne posted:If you are not being paid why in God's name would you consider signing a non-compete at all? Why not ask them to eliminate the line entirely? Yeah, this totally, if you're not being paid then just write the contract however you want.
|
|
#
?
Feb 19, 2014 16:42
|
|
|
Those type of non competes are probably enforceable in so far as you would be using their info, client lists, confidential information at the next project. I had a client come in last week who is a nurse. Her contract had a non-compete in it where it said she cant work as a nurse for 3 years in a 50 miles radius if she is terminated for any reason. Hahahaha. Jesus christ. euphronius fucked around with this message at 16:56 on Feb 19, 2014 |
|
#
?
Feb 19, 2014 16:46
|
|
|
I may be getting paid, I am just not expecting to. I was paid for the original contract. Essentially I am not doing this work for the money (obviously) but because I am really interested in it, have already put a lot of good work into it and I want to see it succeed. If there isn't some sort of non-compete in there so they feel safe that I won't divulge secrets to the other project then I could be cut out entirely. I work in the non-profit industry, I think we have a bit of Stockholm syndrome when it comes to working for free.
|
|
#
?
Feb 19, 2014 16:49
|
|
|
Have you tried just asking them to get rid of it?
|
|
#
?
Feb 19, 2014 16:50
|
|
|
nesbit37 posted:If there isn't some sort of non-compete in there so they feel safe that I won't divulge secrets to the other project then I could be cut out entirely. Wouldn't that be precisely an NDA rather than a non-compete?
|
|
#
?
Feb 19, 2014 16:51
|
|
|
Kalman posted:I think that you can't do video depositions for criminal cases and use them at trial because of the confrontation clause, but nm or someone else who does criminal work could probably answer that. If a witness is about to leave the State or is so sick he/she probably won't be able to make it to trial, either side can ask the judge to order a deposition, so long as the right of confrontation is honored. (or waived) So long as the witness is out of state or unable to attend due to illness at the time of trial, the transcript of the deposition can be used at trial. If the defense has an out of state witness, he/she can ask the judge to order a deposition of the witness. If the witness is unable to attend, the transcript of the deposition can be used at trial. Bad Munki posted:In movies and shows, it's often a thing where they have to go through gymnastics to serve someone, like pretending to be a delivery man so they'll answer the door or poo poo like that. Is that actually a thing, and does it actually happen? Anyone have any awesome stories where they had to get some chick to pretend to be a girl scout selling cookies door to door in order to serve someone or something? The gymnastics are more often after getting service, and involve not getting beaten up or shot.
|
|
#
?
Feb 19, 2014 16:52
|
|
|
Ask them if they will substitute a confidentiality agreement in lieu of the non compete.
|
|
#
?
Feb 19, 2014 16:54
|
|
|
EAT THE EGGS RICOLA posted:Have you tried just asking them to get rid of it? They want something in that addresses the other project, and I guess the non-compete is the best way they thought to handle that though I disagree. euphronius posted:Ask them if they will substitute a confidentiality agreement in lieu of the non compete. Great idea, any examples?
|
|
#
?
Feb 19, 2014 17:02
|
|
|
Examples of what.
|
|
#
?
Feb 19, 2014 17:11
|
|
|
nesbit37 posted:They want something in that addresses the other project, and I guess the non-compete is the best way they thought to handle that though I disagree. I'm confused. I thought you're negotiating a non-disclosure agreement. i.e. the kind of thing that says "I will not disclose <type of> information." Doesn't that cover the things they're worried about? And they've said they are okay with you working on the other project. Why, then, do they want you to sign a contract clause that is expressly designed to stop you from working on the other project?
|
|
#
?
Feb 19, 2014 17:15
|
|
|
euphronius posted:Examples of what. A confidentiallity agreement/statement. I mean, if just searching the net for an example works I can do that but I didn't know if there is some sort of gold standard template to shoot for or something. Arcturas posted:I'm confused. I thought you're negotiating a non-disclosure agreement. i.e. the kind of thing that says "I will not disclose <type of> information." Doesn't that cover the things they're worried about? That is how I feel as well but they don't seem to agree. They are fine with me working on the other project, or at least say they are, but the language doesn't agree with that based on what is in the NDA. I just wrote them to see if they are ok taking out the NCC and putting in a confidentiality agreement instead. Part of the issue isn't a concern over communications between projects but each other using the same information/materials that I find for them. It's confusing, I agree.
|
|
#
?
Feb 19, 2014 17:22
|
|
|
Writing up contracts and legal documents is what we get paid for so . .
|
|
#
?
Feb 19, 2014 17:25
|
|
|
If you'll send me your fax number I'll send over a representation agreement and then as soon as I get some money I'll write you an example.
|
|
#
?
Feb 19, 2014 17:29
|
|
|
Bad Munki posted:In movies and shows, it's often a thing where they have to go through gymnastics to serve someone, like pretending to be a delivery man so they'll answer the door or poo poo like that. Is that actually a thing, and does it actually happen? Anyone have any awesome stories where they had to get some chick to pretend to be a girl scout selling cookies door to door in order to serve someone or something? It's not super common here (I'm in Vancouver), especially the 'getting shot' thing since there aren't many guns around. I do know of a guy who specializes in difficult services and PI work. This is all hearsay, but the stories I've heard invoolved him masquerading as a potential tenant in one case and as an illegal labourer in another to get close enough to a service target and to get them to identify themselves.
|
|
#
?
Feb 19, 2014 17:29
|
|
|
nesbit37 posted:A confidentiallity agreement/statement. I mean, if just searching the net for an example works I can do that but I didn't know if there is some sort of gold standard template to shoot for or something. You need to consult an attorney; this is not advice you want to be getting for free from Internet Lawyers. Handling this incorrectly could set you on a path to expensive litigation, so you'd be smart to pay a lawyer a few hundred bucks to go over the contracts.
|
|
#
?
Feb 19, 2014 17:37
|
|
|
Can any legal goons shed light on this situation? I would like to take a person who sublet my apartment to small claims court in Virginia. The reason being they left early and now I have to pay the rent on it from Jan-June which will probably end up costing 3k or so. My current problems are the company that I rent from are dragging their feet in providing me a copy of the sublease agreement between the subtenant, my old roommate and I. They also won't give me a copy of the subtenants rental application (it has his SSN and I suppose they won't create a copy that has his personal info marked out). All I have that even has a shred of evidence of him living there is an e-mail chain that the landlord copied me on. It seems the subtenant basically told the landlord he was leaving and sticking me with the rest of the rent. Do I have any options? I read that e-mail evidence is "hearsay" but is there anything else I can try to bring to court? Witnesses/documentation from the landlord or should I just cut the losses? Thanks gentle lawgoons.
|
|
#
?
Feb 19, 2014 17:37
|
|
|
euphronius posted:Writing up contracts and legal documents is what we get paid for so . . I understand that. I was just looking for something to send them to see if that road would satisfy them. I'm not going to pay for getting some contract language written that they are just going to reject the concept of if they are dead set on a NCC.
|
|
#
?
Feb 19, 2014 17:38
|
|
|
the milk machine posted:You need to consult an attorney; this is not advice you want to be getting for free from Internet Lawyers. Handling this incorrectly could set you on a path to expensive litigation, so you'd be smart to pay a lawyer a few hundred bucks to go over the contracts. Yeah, certainly starting to look like that. Just looking for starting points and a direction, thanks.
|
|
#
?
Feb 19, 2014 17:39
|
|
|
nesbit37 posted:I'm not going to pay You get what you pay for, man.
|
|
#
?
Feb 19, 2014 17:39
|
|
|
|
| # ? Jun 4, 2024 00:35 |
|
|
Budget Dracula posted:Do I have any options? I read that e-mail evidence is "hearsay" but is there anything else I can try to bring to court? Witnesses/documentation from the landlord or should I just cut the losses? All this varies dramatically from state to state, but generally hearsay is admissible in small claims court. Plus "hearsay" is a really complicated issue that you don't want to fuss with. Generally bring anything and everything you can with you to small claims and make the magistrate figure out the details. To force the landlord to provide you with documents, look into a "subpoena duces tecum," which I believe are even available in small claims court. If you call the clerk of the small claims court in your area, or check the court website, they may have more information for you.
|
|
#
?
Feb 19, 2014 17:43
|
|