There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because it addresses and unravels complex problems that often took a long time in the making. However, the Indiana Supreme Court is actively shortening the process for trial court filings and appeals by moving to electronic filing as of July 1, 2016 ...
July 28, 2016Adam Hayes
In the realm of personal injury cases, (have you heard television attorney’s ask “have you been injured in a car accident?”), there are several types of injuries that can occur to your body and mind. People have usually heard “intentional infliction of emotional distress.” Meaning, someone caused a non-physical injury to another person that resulted in stress, anxiety, fear, or other mental maladies. The “Impact Rule” refers to the notion that in order to collect on damages (money) for mental injuries, there must also be an accompanying physical injury (or impact to the body). This means that a mental injury alone ...
February 6, 2014CD
It can be unnerving during the course of litigation to turn over to your attorney and even opposing counsel personal information. In a family law case for example, discovery can consist of providing tax returns, bank statements, medical records, and even phone records. Much of this information is personal to you, and would not even be shared with extended family or the closest of friends. However, now you are handing it over to your attorney and opposing counsel. The reasoning behind this is that your attorney cannot advocate what is best for you without all of the information. Even still, it ...
May 17, 2012CD
The American Judicial System is generally based on the premise that each party pays his or her own attorneys fees unless there is a statute or contract that otherwise rules-in fact, this practice is known as the American Rule. However, there can be instances in lower courts where one party is able to recover attorney fees from the other. For example, in family law, if one parent has denied the other parenting time for no proper reason, it is possible for the denied parent to request and possibly receive attorney fees. The thought process behind this practice is that had it not ...
May 10, 2012CD
Ciyou & Dixon, P.C. recently posted a blog on depositions and technology and what happens after a deposition is given. This blog focuses on some universals of the actual experience of a deposition–the general rules that are given by the deposing attorney to each deponent. They vary slightly from case to case. However, if you face a deposition and understand these rules, it will go a long way to minimize the unknown and fear associated with it. And as always, having sufficient knowledge of the process and general rules, allows litigants to have less stress and better answers to the questions. A ...
April 24, 2012CD
An observation Ciyou & Dixon, P.C. attorneys make is the nature, scope and complexity of facts that arise in child custody modification cases are often as diverse as the controlling statutes and case law. Thus, trial courts have wide latitude to decide these matters; subsequent modifications have a tendency to, or perception of, unsettling the child(ren) and are more difficult to accomplish than the original determination. This dynamic is recognized by Indiana appellate courts, who support wide discretion to trial court’s decisions and, correspondingly, are unlikely to reverse.1 Insights and examples into the outer boundaries of this discretion are difficult to ...
April 5, 2012CD
“Shouldn't the person who ruined our marriage pay all for the legal fees for divorce? It's their fault we're getting divorced, not mine.” At Ciyou & Dixon, P.C. we observe a fundamental misunderstandings about America’s legal system is that legal fees can be collected from the opposing side. For the most part, America, including Indiana, has rejected this: the English Rule. Under the English Rule, the prevailing (winning) party generally paid the others legal fees. The American Rule is much different. With it, each side pays their own legal fees. There are three (3) major exceptions. First, in domestic relations cases, which comprise ...
June 23, 2011CD
This question is one that has played itself time and again through US history and in every state. The legal concept of preemption may apply to any matter. In basic form, it asks the question of who should decide a matter — the State or the local government. Many years ago, Indiana law fundamentally changed on how this was viewed. Until this, the only power a local branch of government possessed to regulate its affairs was what was specified by the Legislature in a statute. In other words, if a statute did not allow a local government to regulate firearms ...
May 11, 2011CD
There is tension between these legal doctrines among all of the states in the Nation. In fact, Home Rule is an ancient legal doctrine that created great struggles with former holdings under the British Empire. The Empire wanted to impose its will remotely, but the holdings believed they were unique and should be able to determine affairs unique to it. As it relates to firearms law, a vast number of states have vacillated between the balance to strike between Home Rule and Preemption. The majority of States have adopted state-based preemption. This means that only the State can ...
May 3, 2011CD