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LegalwriterOne

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LegalwriterOne last won the day on May 28

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  1. He can't go to trial, obviously. What other assistance the attorney may need from his client can just about anything. It could be as simple as being able o providing witness information and signing releases for information.
  2. If you want to change the court-ordered visitation schedule, file a petition with the court asking to change it.
  3. Assuming you are talking about CA penal code 1368, what happens when a defendant is declared incompetent, they are sent to a state prison psychiatric facility for treatment to restore competency. The criminal proceedings are suspended until they are deemed competent. Speedy trial doesn't come into play until after the preliminary hearing and arraignment on the information. In a case involving a violent felony, they don't often go to trial quickly as there is a lot of investigation and preparation involved. The defense attorney will continue to work on the case while the defendant is incompetent but there's a lot they can't do when the defendant is unable to assist them....
  4. The statute is tolled until the kid reaches 18. The general limitation is one year but there are two other sections that could apply, making 2 years or 3 years, depending upon the nature of the injury and the act that caused it.
  5. Child support and visitation are two different things. If there is a court order declaring you the father and ordering you to pay child support, then you are the legal father. However, that they calculated visitation time for child support purposes, does not make that calculation a court order. That would be separate. So, if you want an order you can enforce for visitation purposes, you need to go to court for that. As it stands, mom has complete say on your visits or anybody else's.
  6. Discovery is handled between the parties. The court doesn't deal with it directly unless a request was made which the other party didn't provide. Then the party seeking discovery would file a motion with the court. A subpoena is NOT discovery. A subpoena is a court order to produce which, as I pointed out before, CANNOT be use to get documents from opposing counsel. Even if you could, the documents would not be admissible in court.
  7. You are entitled to written notice just as you are required to provide written notice.
  8. You CANNOT subpoena documents from opposing counsel. You serve them with a discovery request.
  9. Additionally, it's not clear what you thought you could subpoena from opposing counsel. If they have stuff you are entitled to see, you request discovery. If you want bank records, you get a subpoena duces tecum and serve it on the bank for those records. They are then sent to the court where you can obtain them for the purpose making copies. The original records subpoenaed stay with the court and that way they would be admissible at a hearing. Generally, there aren't "hearings" about subpoenas until after they are issued and served. If the party served with the subpoena objects, then there would be a hearing on their objection. You really way out of your league.
  10. If he had stayed in custody instead of bailing out, the DA would have made a quick decision about filing the charges. Since he bailed out, they can take their time. Cops arrest. They don't decide what charges are filed or when. That's the local prosecutor's job.
  11. Try picking up you local phone book and calling local attorneys.
  12. You rented a unit without looking at that specific unit first?
  13. Well then you have no custody or visitation rights to assert and mom is free to take the kids wherever, whenever.
  14. Well, first you didn't identify a state. He's being held on a warrant and he'll stay in custody at least until the other county comes to get him. There may be a procedure to file a speedy trial demand to speed things up, but that is state specific...
  15. So what is you are looking for? You can't sue the hospital because HIPAA doesn't provide for that. You can complain with HHS but that's about it.
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