Archive for the ‘General’ Category

What To Do If You Are Served With a Subpoena

Sunday, March 13th, 2022

If you have been served with a subpoena, it likely came as a surprise.  The nature of the case may be a shock to you, and they did not consult with you before scheduling the date they want you to appear.  Perhaps you already have important plans that day.  Maybe you are simply unable to attend the deposition.  Now you’re wondering what to do next.

First, make sure you receive your witness fees.  While the amount can be trivial, you should still request them.  As of October 1st, 2020, the witness fees are $35 plus twenty cents per mile, both ways, to and from the point of appearance.

Next, if the date does not fit your availability, you can contact the attorney who has subpoenaed you by referencing their address and phone number.  Be honest with them, saying, “I’m willing to appear.  I’m willing to give testimony, but I can’t do it on the date that you’ve noticed me do it.”

Be sure to remain calm through this situation.  It may be a surprise, and it affects your plans, but you remain in control of your mindset as you navigate this process.  Watch the video to learn more.

If you have additional questions about responding to being served with a subpoena, I want you to call me at 559-234-0971.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

What To Expect at a Case Management Conference, Also Known as a CMC

Thursday, March 10th, 2022

After filing a lawsuit in California, you may have received notice of a case management conference or “CMC” that has been scheduled.  It is likely you have never heard of a CMC, but you should know what to expect when you appear at the conference, as well as what steps you need to take beforehand.

Case management conferences involve the judge bringing in both parties to meet and determine the status of the case.  Questions likely to be addressed include whether everyone named in the lawsuit has been served or has appeared in the case, whether there are issues with the jurisdiction or venue, and how long it is expected to take in trial days to resolve the case.

There is a judicial council from CMC-110, called the Case Management Conference Statement, which California has created for you to prepare responses to these basic questions.  Most courts in California require these forms to be filled out at a certain time in advance of the hearing on the CMC.  The form is straightforward, and you can download it from the internet.  You will answer the questions, sign it, and provide copies of the form to all involved parties in addition to filing a copy with the court.  Watch the video to learn more.

If you have additional questions about case management conferences or the CMC-110 form, I want you to call me at 559-234-0971.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

 

Will I Have To Testify at Trial if I File a Lawsuit?

Wednesday, February 23rd, 2022

You are filing a lawsuit, but you are wondering whether you will have to testify in court.  Many people are uncomfortable with public speaking, and the weight of your case may make the thought even more intimidating.  Well, you may be relieved that while you will receive a notice of the trial date, that date is usually so far into the future that there are many opportunities to reach a resolution before the trial would occur.

The time before the scheduled trial date allows for both sides to discuss the nature of the case from their perspectives, and they can seek to avoid a trial by reaching a settlement.  The amount of an offer or a demand for settlement will be an influential factor in determining when and/or whether a resolution is achieved before trial.  There can be some back-and-forth, and the timing of a settlement can range from right after the lawsuit is filed to the date of the trial on the courthouse steps.

Very few cases go to trial, in our experience.  If your case does go to trial, then your attorney will be present to guide you.  The majority of cases these days get resolved through a variety of alternative dispute resolutions such as mediation or arbitration, and we will cover these in another article.  Watch the video to learn more.

If you have additional questions about filing a lawsuit or settling before the trial date, I want you to call me at 559-234-0971.  I welcome your call.  Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.

Can you file a lawsuit and still remain anonymous?

Monday, January 3rd, 2022

Attorneys are often asked if it is possible to file a lawsuit and remain anonymous.

The short answer is likely yes. Often persons who have been victims of sexual abuse or other cases where mentioning their names may potentially cause them more harm are allowed to proceed under fictitious names, such as Jane Doe or John Doe.

In some cases the court may grant privacy or protective orders, even going so far as to issue a gag order, which prohibits the parties from talking about it to the media. Preventing attorneys and other parties from sharing what they learned in the case with others.

If you have additional questions regarding filing a lawsuit, I want you to call me at 559-234-0971.  I welcome your call.  Visit our videos for more videos and media content from my law firm.

Copyright © 2022 Law Office of Frank M. Nunes, Inc | All Rights Reserved | Disclaimer Privacy Policy SEO for Lawyers

Contact Us