What does mandatory disclosure mean?
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What does mandatory disclosure mean?
Mandatory disclosures are required of both parties. This means that you will get the same information that you are required to disclose. They are not filed in the case with the court, but merely sent to the other party’s attorney or directly to the pro se litigant if he/she is not represented by an attorney.
What are mandated disclosures in real estate?
Whenever you sell real estate, you are obligated to follow local “mandatory disclosure” laws. This involves informing the buyer about specific hazards or problems affecting the property before the sale is completed.
How do you fight a motion to compel?
You need to give the court a reason to deny the other side’s motion to compel. There are many different reasons you could give. Take out your Response to the discovery request. You should have identified reasons in your Response for why you weren’t turning over certain information.
What if a lawyer knows his client is lying?
The lawyer should inform the client that if he does testify falsely, the lawyer will have no choice but to withdraw from the matter and to inform the court of the client’s misconduct.
Do lawyers tell their clients to lie?
Knowing that presenting false testimony violates their duty to the court, few lawyers will allow it. They will do their best to convince their clients not to testify falsely.
Do lawyers encourage clients to lie?
A: Under California Rule of Professional Conduct 1.2. 1, a lawyer is prohibited from counseling or assisting a client in conduct that the lawyer knows “is criminal or fraudulent.” There is an expression called “woodshedding.” This means an attorney impermissibly coaching a witness.
What happens if the plaintiff does not give me responses to my discovery requests?
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.