Can a defendant be served while in the state?

Defendant served while in the state. The defendant enters the state in which you filed suit after the case is filed, even if only for a short visit, and you serve the defendant with the court papers (normally a summons and complaint).

Can a defendant be told about a past conviction?

For example, if a defendant who is charged with assault testifies that “I would never assault someone” or “I am not a violent person”, then the prosecution can raise evidence of past offences of violence. Another exception is found in the “tendency rule”, which is contained in section 97 of the Evidence Act 1995.

Why are some judges too soft on defendants?

Sexton is of the view that the level of violence in some offences is beyond the imagination of judges, and this leads to judges being too “soft” on defendants.

What makes a settlement stick under CCP § 664.6?

Settlement Certainty: Making It Stick Under CCP §664.6. You and your client can scarcely believe it. The star witness for the deep-pocket defendant had a mid-trial meltdown straight out of Hollywood’s “A Few Good Men,” and a hurried hallway conference has produced a settlement.

Can a witness have an interest in the outcome of the case?

You may consider whether a witness has any interest in the outcome of the case, or instead, whether the witness has no such interest. [Note: Add if appropriate: A defendant who testifies is a person who has an interest in the outcome of the case.]

How long does a plaintiff have to wait before serving discovery?

The plaintiff must wait ten days after service of the complaint before he, she or it can serve discovery. (And until the defendant appears in the action, it must be personally served.) There is no such limitation as to the defendant.

How did opposing counsel make my client look bad?

Two days later I received a faxed letter from opposing counsel, demanding that our client “pay the $600 in sanctions within 48 hours.” The letter explained that if my client did not pay those sanctions with 48 hours, opposing counsel would go to court for additional sanctions. There is no “sanctions for failing to pay discovery sanctions” motion.

Can a plaintiff object to a motion for Discovery?

Objecting to discovery propounded before answer filed. The plaintiff must wait ten days after service of the complaint before he, she or it can serve discovery. (And until the defendant appears in the action, it must be personally served.) There is no such limitation as to the defendant.