Depositions are a way of gathering information about a case that actually involves your active participation with the attorneys. Most other forms of discovery are just through mail or electronic without both (or several) attorneys or a court reporter (who takes the deposition). A deposition is unique in nature because it allows questions to be asked of you and questions on responses that you cannot prepare for in advance. This blog covers five things you should know before you are deposed. Having this information in advance will allow you to provide more accurate or complete answers, advancing your case. Alternatively, it ...
Tag: period of time
February 8, 2018CD
Criminal matters are generally thought of in two or three categories: Felonies, Misdemeanors, and Infractions.1 Generally, infractions are offenses that are punishable by a fine but not jail time, such as a speeding or parking ticket. Felonies and misdemeanors are labeled by numbers regarding the level of crime and this letter may indicate the level of punishment assigned to the crime. The most significant issue for a defendant is to wind up with a Felony conviction as this may cause loss of a job or prevent employment. Many employers run criminal background checks and will not hire felons for a ...
November 21, 2017CD
The Use of Forensic Accountants and Private Investigators to Find Hidden Assets in Divorce In Indiana when you file for divorce, there is a rebuttable presumption that the Court is to divide the marital estate or assets 50/50. Sometimes there are allegations that a party has hidden monies and other assets of the marriage that has to be divided. There is a rule that the division of the marital estate cannot exceed its entire value.1 This means that if the total value of the marital estate is a liquid sum of $100,000, and the court follows the presumption, each party would receive ...
November 3, 2017CD
As we move into our economic and monetary future, we increasingly move toward an integrated international economy and lifestyle. No longer is it unusual to become employed by a domestic company, but still have a position which calls for extensive travel, or even living in another country - at least for a period of time. And so follows that many relationships will also become international in one form or another. This sometimes brings about potential complications, particularly in the area of children and child custody. The United States is a signatory country to a treaty known as The Hague Convention on ...
October 4, 2016Adam Hayes
In today’s digital world, complex financial transactions and the ability to sort out fact from fiction is difficult in all arenas. This is especially true in the context of divorce. A neutral investigator may assist the attorney and client in these tasks to ultimately help move the divorce along consistently with the trial objectives and presumptions in property and custody statutes. In the past, the “private” in “private investigator” has conjured up sleazy images for attorneys and litigants, evoking the thought of illegal activity. Today, private investigators use state of the art technology matched with honed observational skills and are consummate ...
July 13, 2016Adam Hayes
The legal system is the default mechanism to resolving problems that cannot be worked out through a vast number of other mechanisms, such as through church or family intervention, social pressures, or just walking away. Usually, the cost, unknowns, and stress compound and make this event one of life’s major stressors. Over time we have gathered many valuable insights that may help you in any civil litigation you are involved in--to help your lawyer help you try to reach your objectives. Your reasonableness, flexibility, and understanding of the process will do the most to help you in this time of stress. ...
August 11, 2015Adam Hayes
Conflict and dispute is a part of daily life. Most of the time, conflicts are resolved through means outside of court. In a very small percent of daily or even life matters, there is no ability to resolve the matter outside of a lawsuit. In this case the wonder of the US legal system comes into play. Litigants go to court and ask a judge to decide a matter. Cast in terms of emotion and winning or losing everything from children to property and freedom, it is easy to lose track of the fact the trial court judge is neutral in ...
May 27, 2015Adam Hayes
At one time, grandparent visitation was a hot topic. Today, however, third parties, who often include grandparents, are raising the children of other parents. At some indeterminate point in time, this third party may have standing to seek a form of custody under a guardianship legal proceeding or de facto custody statutes. A natural parent has the constitutional right to raise his or her child, but the welfare and happiness of the children are ultimately of paramount importance. To overcome a natural parent’s right to custody a third party, there are three major factors1 a party may show, any one of ...
April 23, 2015Adam Hayes
In Indiana, there are levels of crimes from misdemeanors to felonies. Indiana recently updated its criminal code to include numbered levels for crimes versus the previous letters (ex. A felony). Misdemeanors, felonies and the different levels are divided by the severity of the crimes. For example, dealing in cocaine or narcotic drug can be charged as a Level 5 felony through a Level 2 felony, depending on the amount and circumstances1. A Level 6 felony carries a lesser sentence than a Level 1 felony. But, if you are charged with a felony, can it ever be reduced? Oftentimes, having a felony record ...
January 20, 2015CD
In matters involving real property (i.e. land and immovable property on land), in general, boundaries and possession can be known through title. However, even with the proper boundaries and title defining a parcel of land, there can be disputes that arise between neighbors or landowners about who owns what, including not only land, but also structures on land. Take for example a patch of land which Neighbor A has turned into a garden. By law, the land that Neighbor A uses as a garden is actually past the boundary of Neighbor A’s property, and it technically on Neighbor B’s property. However, ...
December 18, 2014CD