Can I change The hearing date set for attorneys withdraw as counsel? If so, do I file a motion with the clerk or go to the judges office?
Thank you
If a court date has already been set, you will be unable to change it without the consent of all parties or without the judge granting a continuance request.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
A Court date has been set for the end of this month for our Permanent Custody and Child Support Trail. I want to file a motion to compel regarding the discovery that is incomplete from opposing party. Will this push the Permanent Trail out longer? How much longer? Can the Judge hear this evidence in our Permanent Trial if I do not file a motion to Compel? I have been waiting 2 years for a Permanent Custody Trail, I can’t allow this to go longer for the sake of the baby involved here. Although the motion to Compel will help the child support and support the lies that are never ending from the opposing party. I appreciate your thoughts and responses. Thank you!
The motion to compel discovery responses is not likely to push back the permanent custody and child support trial.
The judge can hear any relevant evidence that you have, whether you obtained it from discovery or not. If you already have lawful access to the information, you wouldn’t the motion to compel. But if you need that information to help your case at the permanent trial, then the motion to compel would be needed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. This is helpful. The discovery I received actually proves the false financial affidavit the opposing party previously provided and inaccurate childcare costs. In addition, missing alot of documents. I hope the judge can see the inconsitencies in the OP financial scams.
How does one go about stolen valuables that was most likely pawned? Certificate to show worth is available. Items were not accrued in marriage. Thank you
How does one go about stolen valuables that was most likely pawned? Certificate to show worth is available. Items were not accrued in marriage. Thank you
The certificate of the item’s value/worth would be sufficient to show value of a stolen item. You would need either the person issuing the certificate to testify in court or that person to submit a business records affidavit in order to get the certificate admitted into evidence at trial.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. The Company is no longer in business. Can my certificate still be good enough?
Also, Can you advise with the following:
Where do I file a small civil claims for credit cards, loans -opened illegally under my name without my authorization, Stolen cash, change and jewelry?
Thank you.
Your certificate will work for out-of-court purposes, but you will not have a way to prove the authenticity of the certificate without having someone from the company testify or having a business records affidavit submitted by the business records custodian at the company.
You can file small monetary claims in the small claims courts, and you do so at the clerk’s office in your county. You can also talk to law enforcement. But if equitable distribution has not been finalized with your spouse (i.e. there is no equitable distribution court order or separation agreement in place), and if these are marital claims involving your spouse, your better option may be to resolve those issues in the equitable distribution process.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
If a party residing in south Carolina records a party residing in north Carolina via video, phone call. Can these recordings be admissible in a north Carolina court where these parties case is held?
Child custody case jurisdiction is union county north Carolina. One party now resides in south Carolina due to injustice.
Are there laws in Union County that will prevent these recordings when one party records from South Carolina?
Thank you
If both parties knew the conversation was recorded, then yes, it is admissible as it was legally obtained.
If only one party knew the conversation was recorded and both parties were located in NC at the time of the recording, then it could be admitted into evidence as it was legally obtained.
If only one party knew the conversation was recorded and only one party was located in NC and one party was located in SC, then it could be admitted into evidence if it was legally obtained under South Carolina law. I am not licensed in South Carolina and therefore I am not familiar with South Carolina laws and unable to give advice as to South Carolina laws.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you.
Our case is held in union count north Carolina. Not in south Carolina.
One party records residing in SC. The other party resides in NC. Do you know if there are laws to prevent these recordings?
Do I have to find out the SC laws before case being heard in NC regarding these recordings?
Thank you for helping. Hope this makes sense. Sincerely
The recording is legal if recorded in NC and both parties are located in NC assuming at least one of the parties knew the conversation was being recorded. If one of the parties is located in SC, the recording may or may not be legal depending on SC law. I am not licensed in SC and therefore do not know the laws in SC.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you…this helps. Much appreciated.