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LegalwriterOne

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Posts posted by LegalwriterOne


  1. Anybody can sue anyone for just about anything.  It doesn't mean they have a case.  In your situation, I can't imagine how the wife can go after you when you aren't even in the same state.  To prove a case of alienation of affection, she has to show that they had a happy and loving relationship and that your wrongful and malicious behavior directly caused the alienation of her husband's affections.  I don't see that in what you posted.    


  2. 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....


  3. 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.


  4. 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.


  5. 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. 

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