What to do if you are facing extradition
Extradition is the process by which a prosecuting state arranges to transport a criminal defendant from a foreign state. When that process is between two states in the United States, the best practice is to be proactive. As explained below, extradition is easily accomplished but the process is slow and unpleasant to the point of cruelty.
Extradition transport: I have had the extradition experience described to me by numerous clients. Each story is a little different, but there are common themes. First, the transport bus or van has its own itinerary. The defendants travel where the transport company finds most convenient. I know of one person brought to Maine from North Carolina by way of Oklahoma. You are locked down during the transport and stops for bathroom breaks are difficult and, therefore, rare. Persons with medical conditions may not receive their medications or proper care. You spend non-transport time in jails or prisons in various conditions. In short, avoid extradition at all costs if possible.
Pre-arrest: If you are fortunate enough to receive notice of another state’s intent to extradite you, understand this: Extradition is almost certainly a foregone conclusion. The requesting state need only provide probable cause proof that a crime was committed in the requesting state and you are the person who committed it. A copy of an indictment or an affidavit coupled with sufficient identifying documents will get you arrested and perhaps jailed until the requesting state arranges to transport you. Because of the inevitability of extradition, those with advance notice should travel immediately to the requesting state. This seems counter-intuitive and is a bitter pill to swallow for some, but consider the alternative: If you are going to be extradited you are going to be standing in front of a bail judge in the requesting state sooner or later. Your voluntary appearance severely undercuts the requesting state’s argument that you are a flight risk. Therefore, bail is likely to be set lower.
Post-arrest: If you are arrested on an extradition warrant, obtain counsel if possible but by all means argue for bail that will allow you to travel to the requesting state. Where there are no prior bail violations and no convictions for failure to appear, then I have seen courts order release on conditions ranging from high cash to electronic monitoring to personal recognizance. A recent client took his electronic monitor with him as he traveled from one state to another. When making the argument on bail and self-report, make sure to share the above article with the judge.
No bail: Although the requesting state can ask for more time, judges usually set 30 days as the limit for the requesting state to arrange for your removal. You will be asked to waive extradition proceedings. This should be reviewed with an criminal defense lawyer trusts, which most states will provide at no cost. The important consideration on the waiver is that you are entitled to credit for time served from the moment you sign the waiver. If you have pressing issues that prevent you from signing an extradition waiver, your time in custody will not count against your sentence (if there is one) until you are returned to the requesting state.
Property Liability & Concealed Firearms
Many are getting used to commonly seeing the signs with the no gun symbol posted on the doors of businesses. But what happens if there is violence in one of these buildings? Unfortunately, Illinois concealed-carry gun law fails to address who has liability if there is an incident in a gun-free business zone.
Unlike other states, Illinois’ law lacks an immunity provision protecting local business owners from liability, as a personal injury lawyer can explain. So if a sign prohibiting guns is posted at the entrance of a building or business, a person brings in a gun anyway and an incident occurs, the building and/or business can be held liable. Patrons and employees could argue that they didn’t have the opportunity to protect themselves because they couldn’t carry their own gun. The reverse is also true. If the building or business owner allows guns and an incident occurs, they could be sued by employees and patrons because guns were allowed.
This Catch-22 in the law, frustrates many business owners. “I wish we had some guidance in another way but unfortunately there will be an incident, it will be litigated,” said Michael Cornicelli, Exec VP of BOMA. the Building Owners and Managers Association of Chicago. BOMA recently surveyed its membership, who represent 80% of the city’s downtown commercial office space. In the 30% of members who responded, nearly half have chosen to prohibit guns within their buildings. The number one reason given for this choice is concerns about safety. Nearly three-quarters said they are concerned about liability and legal issues.
“We would like to see a provision added that addresses the liability issues. Other jurisdictions, Wisconsin for example, provide that if a building chooses to allow conceal carry or prohibit it, that building owner, building manager’s liability for any resulting incident is not any greater for that choice than in the absence of that choice,” said Cornicelli.
Under some state laws, including Illinois law, public places are automatically gun-free zones, but residences and private businesses have a choice on the matter. Those now legally eligible to carry a concealed weapon feel the law should stand as-is.
Differences between a “claim” and a “lawsuit”?
There is often confusion between the terms “claim” and “lawsuit.” Generally speaking, a claim precedes a lawsuit, meaning that a claim comes first, and if the claim cannot be amicably resolved, the claim can result in a lawsuit. The claim can be a personal injury claim, an insurance claim or any other type of situation where one party believes it has been wronged by another. For example, if you enter into a contract with a roofing company and it fails to complete the job or it doesn’t do the job correctly, you have a claim against the roofing company. The claim arises when the roofing company fails to perform. Depending on the language in the contract, you may need to do certain things to perfect the claim, but the claim nevertheless exists when the work isn’t done or isn’t done right.
A lawsuit is a dispute that has been brought to court. Someone who has a claim but believes they haven’t been properly compensated can file a lawsuit in court. The party who brings a lawsuit is called the “plaintiff,” and the party who is sued is called the “defendant.” A lawsuit is sometimes referred to as a “case.” Technically, a “case” and a “lawsuit” are the same and are different than a “claim,” which comes before a case or a lawsuit.
If you are injured in a car accident and the other driver was at fault in causing the accident, you have a “claim” against the other driver, as a car or motorcycle accident lawyer can explain. If attempts are made to settle the claim, but the attempts are unsuccessful, the next step in obtaining fair compensation would be to file a “lawsuit” in court against the other driver. The lawsuit is often referred to as a “case,” and the two terms can be used interchangeably.
A lawsuit also differs from a claim because in a lawsuit, a judge oversees the case and a jury may decide the important issues. In a claim, there is no judge or neutral third-party to oversee the process. A lawsuit can also result in an appeal, where one side or the other can ask a higher court to review some of the decisions made by the judge or jury. The appellate court can confirm the decision reached by the judge or jury, can reverse the decision made or can order a new trial on all or some of the issues. The lawsuit and appeal process can take a number of years to reach a conclusion.
Finally, a claim and a lawsuit are different because there really is very little risk to someone in bringing a claim, while there is risk in filing a lawsuit. Bringing a claim doesn’t usually cost anything, and if it is denied, there is virtually no risk. On the other hand, a lawsuit costs money to file, and if the case is lost in court, the party bringing the lawsuit can be responsible, in certain types of cases, for the defendant’s attorney’s fees and costs. These fees and costs can be tens of thousands of dollars or more, resulting in real risk to the party filing the lawsuit.
Three Types of Legal Fees
1) Hourly Fees
This is the default way lawyers bill their clients. They charge a certain amount per hour and multiply that by the number of hours worked on the case. It sounds simple, but there are a few things to watch out for before you enter this type of fee agreement. First, what’s the hourly rate. It’s impossible to say what’s fair, but you should try to find out how the rate compares to other lawyers in your market. You want to make sure you’re paying a fair rate based on the lawyer’s experience. Next, make sure you know what the minimum billing unit is. Most lawyers bill in 6-minute increments, but some bill in anything up to 15-minute increments. Make sure you know what your lawyer’s practice is. You don’t want to be surprised at your monthly bill.
2) Flat Fees
This is a more modern type of fee agreement where the lawyer agrees to do work for a flat fee regardless of the amount of time it takes. This allows the client to be sure what the price is before getting involved in a case. Flat fees don’t work for every type of legal issue though. While they work well for document drafting, simple negotiations, or contract review, they do not work well for complex litigation issues. This is because it is almost impossible to know in advance how long litigation will last. Flat fees are usually very client friendly, but they are only available in limited types of cases.
3) Contingent Fees
Contingent fees is often called “no win no fee.” At its most basic, a contingent fee means your lawyer will work without being paid up front in return for being paid a percentage of the settlement or judgment at the end of the case. These fee agreements are complicated though, so you need to know a few things before you sign on. First, you need to know who is responsible for the costs of the case. Depositions and expert witnesses can get expensive quickly. If you are responsible for these fees, the fact that you’re not paying your lawyer up front may not mean much. In addition, If you and your lawyer fall out, there are usually provisions in these agreements regarding how the lawyer is to be paid. Often, if you fire your lawyer without cause, you will owe him or her the reasonable value of what the lawyer did for you. Even if the lawyer chooses to end the attorney-client relationship, you may have to pay him or her a portion of the fee at the end of the case.
If you need a lawyer relies on, make sure you understand the type of fee agreement you are signing.
Why was the fourth amendment added to the constitution?
The 4th amendment to the United States Constitution is part of the Bill of Rights, and protects against unlawful search and seizure, as a skilled criminal defense lawyer you rely on can explain. The text of the Constitution reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The History of the 4th Amendment
While the 4th amendment was written as a result of colonial experiences, its basis goes back to English common law. Dating back to the early 1600s, there was a tradition in England, including in case law, that a “man’s house is his castle,” such as expressed by Semayne’s Case from 1603.
- This case discussed both the right of the homeowner to defend from illegal entry, even by government agents, as well as the right of those agents to be authorized to enter based on the King’s process.
- While this falls far short of the 4th amendment’s protections, the genesis of the amendment is visible here in the principle that a homeowner has the right to defend their home from unauthorized entry.
About a hundred years after Semayne’s Case there was another, very famous and relevant case in England was Entick v. Carrington which was regarding general warrants that did not require specific cause, but were rather regarding all material related to a separate case. The English Supreme Court ruled that kind of warrant invalid because it didn’t give an accounting of what was needed to pursue justice. Instead, it was used to access all of a person’s papers rather than the ones relevant to what was being investigated. There was no showing or declaration of probable cause.
Writs of Assistance
In the American colonies, the issue was with a specific subcategory of general warrant known as, “writs of assistance.” These writs were used to prevent smuggling, by allowing English authorities to enter any business or home and seize smuggled goods. A writ, once issued, was valid through the life of a monarch, and six months beyond that. Following the death of George II, the writs were challenged in the colonies by James Otis. Otis lost, but the arguments he made influenced the future 4th amendment.
Birth of the Basic Principles of the 4th Amendment
The first explicit mention of freedom from unreasonable searches and seizures was from Samuel Adams in Boston, in 1772. The document The Rights of the Colonists and a List of Infringements and Violations of Rights was part of the lead up to the Revolutionary War, and was enumerating the rights the colonists had. While the 4th Amendment was over a decade away, the principles it contains were part of the makeup of the political scene of Revolutionary America.
As with much of the Constitution, the 4th amendment has a long backstory that led it to becoming a significant part of the document which forms the basis of the United States’ legal system. Over 400 years of history, starting in English common law, have led to the way we interpret the amendment today.
Child Protection and Restraining Orders
No one likes to discuss the darker side of child custody and parenting law, but sometimes ugly situations arise and must be dealt with swiftly and decisively to ensure the children are safe and placed in the best situation for their long-term well-being. It is also important, however, to ensure that any parent or guardian in question for a child abuse offense is properly represented in order to ensure they are not falsely accused and, if they are, clear any charges unfaithfully brought against them. Ensuring safety of a spouse is also crucial and ensuring that any and all domestic violence problems are halted immediately is a priority. When it comes to cases of child protection, domestic disputes, and restraining orders, seeking the help of a child custody lawyer Scottsdale AZ relies on with experience in these areas is key when seeking resolution. Today, we’ll explore some of the key aspects involved in child protective service cases and what is required to establish a case for a restraining order.
Child Protective Services and Child Abuse Issues
Child abuse is a serious matter, but the legal side of this issue has numerous intricacies that can make navigating it without legal expertise a challenge. A false accusation of child abuse, for example, may be completely unfounded but still carries with it a heavy implication. Rather than attempting to clear their own name, a family law attorney who has experience can help advise clients and ensure that they not only have a clean reputation, but also retain child custody or do not lose visitation rights with their children. In the state of Arizona, abuse accusations rarely come up in a family law case or custody dispute, but if it does, child protective services may be brought in for an investigation. Sometimes these investigations are thorough and proper, but often they do not go in-depth enough to acquire proper amounts of evidence or reach a conclusion sufficient enough for one or both parties.
It can be a scary situation for all parties involved, and ensuring the questions are answered and in-depth investigation takes place to ensure proper legal custody of the children, as well as provide proper resolutions. Rather than going it alone or utilizing insufficient representation, call a skilled attorney.
Restraining Orders
Whether domestic violence has occurred in the past, a spouse is in fear it may happen in the future, or something has happened to make a parent or guardian feel uneasy having another adult or parent around, restraining orders can be a step to ensure safety and security. A restraining order is a court order issued with the intent to keep a person who has hurt or abused someone away from the victim. The person requesting the order, in the cases our team is involved in, is often a victim of domestic abuse or is the parent of a child who has been hurt.
However, some people may see restraining orders as a way to falsely restrict or push away a child’s parent, spouse, or former significant other. As such, the burden of proof for a restraining order or order of protection must be fulfilled and presented to a judge. In these situations, whether you are seeking an order or you feel you have been falsely accused and placed under these restrictions, having the help of legal professionals can only help. You won’t be left wondering if you’re taking the correct steps to remedy the situation and can find clarity and efficiency in the process.
When it comes to child protection, child abuse, and restraining orders, the questions surrounding legality and proper procedures can be highly convoluted. Rather than attempting to deal with your family law issues alone, trust an experienced lawyer.
Thanks to our friends and contributors from Hildebrand Law for their insight into child protection and restraining orders.
When a Minor is Convicted of a DUI
The Legal Process
Thousands of teenagers die yearly in drunk driving accidents. Many of these drivers are minors who are not even old enough to drink. For the most part minors are inexperienced with alcohol and take higher risks and exercise bad judgement when drinking. These drivers are a danger to themselves and the rest of society when they step behind the wheel of a car. That is why in most cases, the laws for minors when they are convicted of driving under the influence (DUI) are very severe.
Zero Tolerance
Many parts of the country have enacted zero tolerance laws for minors charged with drunk driving, as a skilled DUI attorney DC relies on might explain. If you are a minor and you are caught driving with alcohol in your system, you will likely be charged with DUI even if you are not considered drunk. Due to the administrative per se laws, if a minor is caught driving with alcohol in their system, their license will be suspended or revoked by their state’s Department of Motor Vehicles.
Consequences For DUI Convictions
Minors who are convicted of DUI often face harsher penalties for first time offenses due to being charged with both driving under the influence, as well as underage drinking. If the minor has a blood alcohol content level between 0.05-0.07 percent or above they will likely be charged with an underage DUI, as well as an adult DUI. This combination increases the severity of the penalty.
Possible Additional Charges
There are a number of other charges that could be added to the DUI offense including:
- Minor in possession of alcohol
- Soliciting alcohol from an adult
- Possession of a fictitious ID card.
The minor’s DUI could be classified as a class one misdemeanor, which will stay on their record as they enter adulthood. The court may also mandate that the minor perform community service as part of their punishment, as well as pay thousands of dollars in fines. The minor may lose their license for a year or two, and may have to submit proof of financial responsibility before they can have their license reinstated.
Jail Time
Minors who have been caught driving drunk more than once or been involved in multiple accidents will likely receive a jail sentence. The jail sentence depends on the severity of the charges. Besides probation, the court may order the minor to fulfill any or all of the following requirements:
- Go through a diversion program
- Attend alcohol education classes
- Enter an inpatient alcohol treatment program
- Have an ignition interlock device installed on the vehicle, so that the court will be able to monitor the driving of the minor
- In some severe cases, the vehicle may be impounded
Minors can apply for a hardship or conditional license if they need their vehicle to commute to work or school.
Other Consequences
Minors who are convicted of DUI have to disclose that on all college applications which can seriously limit their chances of getting accepted to most schools. Failure to list the DUI on the application could lead to an automatic dismissal if the school eventually finds out about the conviction.
In addition, students who have a DUI conviction on their record may not be able to continue their majors, such as education. The DUI conviction could also be a potential hindrance in regards to gaining employment in certain fields such as education or healthcare.
Remember that minors are still innocent until proven guilty, that the prosecutor must prove that the minor was driving, and that there was a serious reason for the minor’s vehicle to be stopped.
Thanks to our friends and contributors from Frederick J. Brynn P.C. for their insight into DUI and criminal law cases.
10 Tips for Avoiding Collisions with Trucks
Trucks are an integral part of today’s economy, transporting goods from one part of the country to another. Over 70 percent of all freight moved in the United States is transported on trucks. In fact, trucks move almost 11 billion tons of freight annually.
Unfortunately, the large number of trucks traveling on highways also leads to significant numbers of accidents with other vehicles, as a trucking accident lawyer Memphis TN trusts might explain. According to the Federal Motor Carrier Safety Administration, there were 3,424 fatal accidents involving trucks in 2014 and almost 73 percent of those were collisions with other vehicles. There are things that you can do, however, to avoid a collision with a large truck, keeping you and your passengers safe from significant injury.
- Avoid Blind Spots
Because of their size and the position of the trailer, large trucks often have bigger blind spots than smaller vehicles. Blind spots refer to areas around vehicles that cannot be seen through windows or mirrors. In a tractor trailer, the blind spots are much larger than for a regular passenger vehicle. In most cases, if you cannot see the side mirrors of the truck, they cannot see you. Blind spots commonly exist directly behind the truck, the front of the truck in the lane they are in and the one to the right as well as beside the right side door of the truck.
- Be Cautious When Changing into a Lane in Front of a Truck
Trucks are unable to make sudden maneuvers due to their size and weight. If you pass a truck, do not cut immediately in front of them to move into their lane as they may not be able to stop quickly. Always make sure the entire cab is clearly visible in your rearview mirror, use your turn signal before changing lanes and move slowly into the truck’s lane without losing speed.
- Watch for Wide Right Turns
Trucks must often turn slightly to the left when making a right turn, especially if they are turning onto a small street. If a truck has their right blinker on, do not immediately attempt to pass on the left until you are sure the truck will not need to make a wide turn into the left lane.
- Do Not Tailgate
Trucks maneuver differently than cars, which means a driver may need to slow for traffic long before a passenger car. Riding too closely to the rear of a tractor trailer could lead to an accident if the truck slows suddenly. This is especially important when traveling on wet or slippery roads.
- Report Unsafe Driving
Most trucking companies have numbers you can call if you witness one of their drivers operating a truck in an unsafe manner. This could include weaving, driving too fast, or driving aggressively. Trucking companies take driver safety seriously, so it is critical that you notify them if any of their drivers are unsafe.
- Do Not Ride Next to Large Trucks
On two-lane highways, never ride next to a tractor trailer. Either pass the truck legally and move into the lane in front of them when it is safe, or slow down to move behind them. Trucks may have to make sudden lane changes to avoid other collisions and may not see you if you are riding next to them.
- Do Not Underestimate their Size and Speed
When pulling out onto a roadway, never underestimate the size of a truck or how fast it may be going. Despite their size, trucks can travel surprisingly fast, so a truck may be coming toward you at a higher rate of speed than you anticipate.
- Allow More Time at Lights and On Inclines
If you are behind a truck, remember that they must begin moving from a dead stop more slowly than other vehicles. They also may have to drive more slowly on inclines. Allow for this adjustment in speed if you are behind them.
- Allow Trucks to Move Into Your Lane
If a truck signals that they need to make a lane change, slow down to allow them to move into your lane if it is safe to do so. Do not speed up to pass them in order to get ahead. Cutting in front of the truck and hitting your brakes could put you in significant danger.
- Stay Alert to Traffic Ahead of You
When traveling on roadways with trucks, stay alert to traffic ahead of you and to the truck. If traffic has slowed ahead, begin to slow far in advance to provide adequate time for braking. In addition, if signs indicate a closed lane or detour, begin moving into the open lane as soon as you see the first warning sign. If there is room for a truck to move in front of you, blink your lights to let them know it is safe to take your lane.
These ten tips can keep you, your family, and all your passengers safe. If you or a loved one has been involved in a collision with a truck or other vehicle, contact us today to learn what rights you may have.
Thanks to our friends and contributors from Patterson Bray for their insight into trucking accident cases.
10 Tips For Preparing For Your Car Accident Claim Or Lawsuit
If you have been seriously injured in a car accident, you most likely have mounting doctor bills and may be unable to work. While some car accidents are not hard to resolve, others can take years to settle. Fortunately, the law gives accident victims a way to seek compensation for accident related injuries, lost wages, and medical bills. Below are 10 tips for preparing for your car accident claim or lawsuit that may help you acquire a fair monetary settlement for your injuries.
Hire An Experienced Lawyer
Personal injury law can be a daunting process, one that is difficult to navigate successfully. You may have a better chance of obtaining a settlement for your injuries if you have an experienced personal injury lawyer Milwaukee WI trusts working for you. You can find a lawyer by speaking with friends and family members who have used one before. There are also referral services online that can recommend lawyers in your area. Before hiring a lawyer, it is important to be sure you are completely comfortable with your choice and can communicate with him or her effectively.
Get Witness Contact Information
Eyewitnesses to your accident can help you prove who was at fault, so it is important to obtain their contact information at the scene if possible. Once you have their name and phone number, you can forward it to your lawyer so he or she can obtain their statement.
Gather Supporting Documents
While some car accident cases are easy to resolve, most require some proof of your injuries and expenses. Gather all of the documents related to your accident such as doctor bills, prescription medication lists, police reports, and documentation from the insurance company.
Provide Pictures
The old saying, “a picture is worth a thousand words” is also true in most instances and accident cases are no different. By taking pictures at the scene of your vehicle, the at-fault vehicle, and your injuries you may be able to prove just how seriously you were hurt and who was at fault.
Forward Insurance Information to Your Lawyer
If the at-fault driver’s insurance company sends you written correspondence such as refusals to pay or a settlement offer, be sure to immediately forward them to your lawyer. Your lawyer needs all of the information at hand in order to negotiate a fair settlement or move on with your lawsuit.
Never Admit Guilt
In many instances, accident victims are overcome with the emotion and stress of an accident related lawsuit and make the mistake of providing too much information to the opposing attorney. It is key that you never admit guilt to the other driver’s attorney or insurance company before your lawsuit is filed or during the legal process. Anything you say can be used against you in court and can damage your case.
Keep Track of Your Car Expenses
If your vehicle is inoperable after a car accident, it is key to keep all receipts of repairs or costs for alternate modes of transportation. This way your attorney can accurately determine the sum total of your vehicle related expenses.
Provide Pay Stubs
If you are unable to work, provide your lawyer with a copy of a recent pay stub so he or she can calculate your lost wages. This is especially important if you are disabled because of the accident and will not return to work. Your lawyer can seek compensation for future lost wages if you are disabled.
Keep Your Medical Records
Be sure to obtain a copy of your medical records related to the accident, so you can provide them to your attorney if necessary. In many car accident cases, the at-fault driver’s insurance company will argue that your injuries were pre-existing and not the result of the accident. They may also try to argue that your injuries are not serious, which makes your medical records an invaluable tool for proving your case.
Be An Active Participant
While your personal injury lawyer is working for you, it will help him or her immensely if you are an active participant in your case. This is true from the moment you hire them until the settlement process or trial is concluded.
Car accident cases can be daunting, but there is light at the end of the tunnel. By filing a lawsuit, you may be able to obtain a settlement to help you move toward a brighter future.
Thanks to our friend and contributors from Hickey & Turim, S.C. for their insight into preparing for a car accident claim.
I’m representing myself, and I just received some Requests for Admission…what now?
If you just received a set of Requests for Admission, this cannot be said clearly enough: you are holding a ticking time bomb.
Each state’s rules of procedure are different, and this particular article will speak only to Arkansas. Please consult an attorney for advice regarding Requests for Admission in other states. In Arkansas, once the case is on file and pending, service between the parties’ attorneys can be accomplished through a variety of ways. Service in this manner is governed by Rule 5 of the Arkansas Rules of Civil Procedure.
Requests for Admission in Arkansas are governed by Rule 36 of the Arkansas Rules of Civil Procedure. These two rules will provide you with the roadmap for getting this ticking time bomb off your desk and keeping your case intact.
Responses to Requests for Admission:
First, you should know that you have 30 days to formally respond to Requests for Admission. Do not wait until the last day to respond. The quicker you get this off your desk, the better. How do you respond? You have two options: admit or deny. If they cannot be admitted in full, deny them. The only word you have to type in response to the Requests are “Denied” to each and every one of them.
Ensure that your response conforms to the Arkansas Rules of Civil Procedure, make sure it is signed, and make sure that you have attached a certificate of service. Verify the responses.
Responses must be filed of record:
Once you have done all this, you are still not out of the woods. After preparing these responses, you must file them of record. It matters not that other lawyers tell you not to file discovery responses. Rule 5 requires that Responses to Requests for Admission be filed of record. Even if the other party did not file their Requests for Admission, file your responses. There is some terrible case law out there that will control what happens to your case if you do not file your responses.
If you do not follow all of this advice, the Requests for Admission will be deemed admitted:
If you do not respond to the Requests for Admission in writing, in conformity with the Arkansas Rules of Civil Procedure, and you do not file the responses of record within 30 days, the Requests for Admission will be deemed admitted as an operation of law. That likely means that you no longer have a pathway to prove each element of your personal injury claim, as all issues of fact will be resolved in favor of the other party. This will entitle the other party to summary judgment, or judgment as a matter of law.
For these reasons, it is imperative to hire an experienced trial lawyer who has been involved in discovery disputes for years.
