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Join the attorneys at Lavelle Law, Ltd. as they discuss legal concepts and issues affecting individuals and small businesses. Submit your legal questions to podcast@lavellelaw.com! We will answer your questions in future podcasts.

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Small claims court has many different rules and procedures than other courts. It has many more of the elements ?as seen on tv,? as very little is documents or correspondence is exchanged between attorneys, or the plaintiff and defendant. Usually attorneys are retained on a flat fee basis, and work is not performed hourly. Discovery rarely happens because the court wants to keep everything moving. A defendant does not even need to file an answer or disclose witnesses in small claims court. If a defendant chooses not to file an answer, the court will assume all allegations are denied. You are allowed to file additional pleadings, such as a counterclaim, but must ask the court for leave to file it. Many surprises can happen the day of trial, since both sides are uncertain as to who will be called as a witness and what evidence will be presented. Both parties will see all documents each side will offer up for the first time at trial. All rules of evidence do apply in small claims court, but in order to enhance efficiency, the court and counsel are usually more relaxed on objections when a witness is testifying or when a document is being requested to be admitted into evidence. Although small claims court is in the same court as all other litigation, it truly has its own policies and procedures.
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On-Demand Episodes

Selling your home can be a daunting prospect. There are a number of risks involved as well as complicated and intimidating sales contracts. In this podcast with Courtney Kleshinski, find out what happens after you sign the home sale... more

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People often think about a divorce as dividing up the assets in a marriage. However, divorce is also about the allocation of marital debts, including mortgage loans, home equity loans, pension loans, credit card debts, and the like. This... more

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What if you are an employer and you shared confidential information, such as client lists with an employee and now the employee is contacting your clients and starting up a competitive business? What if a competitor named their business... more

In the past several years – the use of social networking has exploded. While much of the technology provides incredible opportunities for businesses – there are also potential legal pitfalls for employers. Employers and... more
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