Memo Legal Situation

1675 Words7 Pages

TO: Tracy Belford, Legal Supervisor

FROM: Team C

DATE: November 10, 2008

SUBJECT: Legal Situation – Al Jones

Dear Tracy,

Team C will explain the court level which Mr. Al Jones’ case can be resolved, the process or steps in filing a civil suit are addressed. The proposed resolution of the civil aspects compared to the criminal acts resolution. This memorandum will address court jurisdiction over the case. The team will also analyze the probable success in court and any alternative means of resolving the matter.

Court Levels
The alleged claims involve criminal and civil acts against the city and a Swedish property owner. In the United States fraud is considered both a civil and criminal act. This claim
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Jones. Mr. Jones should anticipate the local courts to hold jurisdiction as this case is focused around local property, local business, and local residents.

Steps required for Court
Complete paperwork: 1. Defendant name, business name and address 2. Amount of plaintiff’s claim 3. Basis of claim 4. Filing fees and sheriff fees 5. Copy of civil warrant sent by mail to defendant 10 days before court date. 6. Certificate of mailing delivered to court clerk or judge before trial date.

Service of Process: use sheriff or private process server to deliver papers to defendant

Return of Warrant: court date, on civil warrants failure to appear could result in a default judgment against the defendant. Before judge decides the case, defendant has the right to remove the case to general district court.

Trial – Both sides are heard and witness testimony is allowed. In small claims court all parties shall represent themselves, attorney may serve only as an owner, general partner, officer of employee but not as a representative of a corporate or partnership.

Judgment – Judge will decide for the plaintiff or the defendant.

Appeal –As long as the amount in dispute is over $50.00 an appeal may be filed, this must be done within 10 days of the judgment. The appeal will be tried in circuit court in a formal manner strictly following all of the rules of evidence and procedure, where lawyers usually
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