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RetiredinVA

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Posts posted by RetiredinVA


  1. you didn't identify the state and that is critical.  Did you notice where it said "Tag state"?

     

      Anyway, as a general proposition, persons can request documents in the possession of state or municipal agencies.  The documents must already be in the possession of the agency and you cannot request the creation of documents, such as summaries or reports that do not already exist.

     

    Here is the kicker.  The request must be in writing. Do you remember what that is?  It involves paper and a utensil for creating marks on the paper.  I'm not being snarkey.  


  2. PizzaHutDayton,

      First of all, you are two and a half years late with your response.  Second, your citation of the statute is not relevant.  The statute refers to an employee refusing to operate a dangerous vehicle provided by the employer in the course of his or her employment.  For instance, refusing to operate a semi tractor that has bald tires or bad breaks.  The poster's problem is that he or she can't get to work because his or her own car in inoperable .

     

     


  3. The police do not determine liability.  A police officer prepares a report based on the statements of the individuals on the scene and on a usually cursory examination of the crash.  The purpose of the report is to document the crash, not determine who was at fault.  Although the officer may issue a citation to one or more drivers that is not a determination of liability.  In fact, in crash cases, the officer,s report is inadmissible as evidence since it is hearsay. He or she was (usually) not present and did not see the crash and prepares the report according to what he or she is told.

     

    In many, if not most,  cases the ticket can be contested since the officer cannot testify as to any of the elements of the ticket.  The ticket only sticks if a witness appears at the hearing.


  4. I am sure there are many thousands of teachers who are being or have been divorced.  But none of them are parents of your children.

     

    What typical visitation looks like, in my experience, is custody to one parent with visitation with the other parent as follows: evening visitation (not overnight)  every Wednesday night; Friday night to Sunday night  every other weekend; alternating holidays; and an uninterrupted period during the summer.


  5. 3 hours ago, MGSACS said:

    Is there any wrong doing by the former POA or my father's dead wife's children?  Is there anything that i can do?

    Possibility.  An attorney-in-fact, that is a person who has been so appointed by a power-of-attorney document, is authorized to act on behalf of the principal.  However, the attorney-in-fact has a fiduciary duty to act for the benefit of the principal.  A beach of that duty can void transactin done by the attorney-in-fact that are not authorized by the principal or can hold the attorney-in-fact liable for breaching the fiduciary duties.  Also, the attorney-in-fact has only the authority set out in the power-of-attorney document and actions ouutside thatpower are voidable.

     

    You definitely need to discuss all this with your attorney.  There may be time limits on taking action. 


  6. J.D. refers to a post graduate university degree "Juris Doctor".  It means Doctor of Laws.  It is awarded after three or four years of study after the award of an undergraduate degree - B.A. or B.S,, for instance.  Curiously, although the majority of lawyers were awarded J.D. degrees, few demand they be referred to as Doctor, although they are entitled to do so.

     

    Esquire or Esq. is an unofficial designation for a person who has been admitted to the bar in a state and is authorized to practice law in that state.  There are lots of people who have J.D. degrees who do not practice law.  Not all people who are authorized to practice law have J.D. degrees.  In some states, a person may be admitted to the bar with Bachelor of Law degrees or after "reading the law" for a designated period of years under the supervision of a lawyer.  In some states, admission to the bar is automatic if a person graduates from a state's university school of law with a J.D. degree.  Most  lawyers will have been required to pass a bar examination before being authorized to practice law. 


  7. My point is not about what organizations should do, it is about what they DO.   A bowling league, softball league, tennis club, book club,  PTA, etc. of which there are thousands (perhaps millions)  may collect dues and pay for use of alleys, equipment, trophies, school supplies, etc. and never even think about trying to qualify as a tax-exempt organization or filing income tax reports.


  8. Of course going through the drill to be officially declared a tax exempt organization is the right thing to do.  However, I bet 99% of small organizations, clubs and civic associations don't  bother.  Acquiring tax exempt status is only significant in most cases if the organization is a charity or educational organization that solicits funds and offer a tax exemption for the funds collected.


  9. 38 minutes ago, MidwestPerson said:

    Regarding legalwriter--the request for subpoenas could be construed as a discovery request.

    Unfortunately for you, as well as many other pro se parties, the court is not required to "construe" anything for the benefit of one of the parties.  In cases where both parties are pro se a judge may allow a little leeway - see for instance Judge Judy.  But once one party has an attorney the rules are usually strictly applied.  Judges will sometimes directly advise the pro se party they should really get an attorney. 

     

    If you were an attorney practicing in the court in question you would no doubt know the purpose of the hearing and would know how and when to request a continuance.  The court probably has rules about timing of discovery which may have make your subpoena-discovery requests invalid.  You have not given us sufficient information to guess what happened.

     

    However, regarding the merits of your case, it seems you were trying to have a will written in 2004 by your mother found to be your mother's last will and testament.  It appears a later will had already been probated and your sister had already been appointed executor.  It is usually very, very difficult to contest a will that has already been proven to be the testatrix's last will and testament.  Even a very experienced attorney would have a difficult time putting together such a case.  It would require expert testimony as to the mental state of the testatrix, who would normally have to be identified before a hearing.  The allegations you made about your sister having filed bankruptcy and move nine times are all irrelevant.  Perhaps why the judge mentioned that your case was "mumbo jumbo".

     

    In other words, regardless whether the transcript and recording of the hearing are accurate, the probability of  your winning at the end is pretty close to, if not exactly, zero.  Get on with your life.


  10. I was a sole practioner for over thirty years and I can assure you there is no such thing as a typical day.  Unless the attorney has a client that keeps him or her busy on a regular basis, every day is dedicated to get something done that makes money.  A sole practitioner might deal with bankruptcies, wills, divorces, real estate closings, criminal cases, personal injury claims, incorporation, etc., all in the same week.


  11. 59 minutes ago, MidwestPerson said:

    14. The hearing was audio recorded on a digital system.  I requested a copy of the transcript from the court reporter.  I paid for the transcript.

    Which hearing was recorded?  There was an original hearing, for which you were not prepared and it resulted in your case being dismissed.  Was that hearing the one you claim was recorded and altered.  Then you moved for a rehearing and and were denied.  Was that the hearing that was recorded?  Your description is a little difficult to understand. 

     

    In any event, the way things work is that the parties get to present their case.  If they are not prepared and lose, they do not get to have another hearing for which they hope to be prepared.  That being the case, If the altered record is the record of the motion to rehear, it is irrelevant.

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