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  #1  
Old 12-02-2005, 09:20 AM
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jaylon jaylon is offline
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Notice of Appearance

Question:

Does a lawyer need to have a notice of appearance filed if they represent either party in any case even if it's small claims court?
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Old 12-02-2005, 11:08 AM
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Generally speaking, small claims exludes lawyers.
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Old 12-02-2005, 12:00 PM
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But JRB,
the question remains unanswered, "Does the laywer need to file a notice of appearance to all parties if he is going to show up in ANY court?"
I believe this to be critical because:
What if your opposing party, likely the plaintiff, shows up with Esq Beet U Down, and you haven't been noticed? Could you then state that you weren't noticed and request that the lawyer take a seat in the gallery while the trial/hearing proceeds?
thanks JRB or whomever may have an answer here.
scottinalaska
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Old 12-02-2005, 01:38 PM
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WITHOUT PREJUDICE


Dunno if this helps but... for New York:

An attorney is required in the Oneonta City Court, by court rule, under the following circumstances:

* The defendant is charged with a misdemeanor offense
* The defendant is charged with a violation grade offense which involves allegations of violence
* The defendant wishes to enter into plea negotiations with the prosecutor for any offense under the law (including traffic infractions).

Once a defendant has retained an attorney, a Notice of Appearance is required to be filed by the attorney with the Court. Without a Notice of Appearance, the Court will not notify any attorney of future court proceedings or paperwork.

Following plea negotiations between the attorney and the prosecutor, either the attorney or the defendant is required to appear in court for placing the plea on the record. If the attorney appears without the defendant, the attorney is required to provide a written plea waiver and agreement at the court proceeding signed and notarized by the defendant. If the defendant appears without the attorney, the defendant is required to provide an affidavit signed by the attorney which agrees to the agreed plea and disposition.

...


Special Proceedings at FRCP Rule 71A(e)(f)...

(e) Appearance or Answer.

If a defendant has no objection or defense to the taking of the defendant's property, the defendant may serve a notice of appearance designating the property in which the defendant claims to be interested. Thereafter, the defendant shall receive notice of all proceedings affecting it. If a defendant has any objection or defense to the taking of the property, the defendant shall serve an answer within 20 days after the service of notice upon the defendant. The answer shall identify the property in which the defendant claims to have an interest, state the nature and extent of the interest claimed, and state all the defendant's objections and defenses to the taking of the property. A defendant waives all defenses and objections not so presented, but at the trial of the issue of just compensation, whether or not the defendant has previously appeared or answered, the defendant may present evidence as to the amount of the compensation to be paid for the property, and the defendant may share in the distribution of the award. No other pleading or motion asserting any additional defense or objection shall be allowed.

(f) Amendment of Pleadings.

Without leave of court, the plaintiff may amend the complaint at any time before the trial of the issue of compensation and as many times as desired, but no amendment shall be made which will result in a dismissal forbidden by subdivision (i) of this rule. The plaintiff need not serve a copy of an amendment, but shall serve notice of the filing, as provided in Rule 5(b), upon any party affected thereby who has appeared and, in the manner provided in subdivision (d) of this rule, upon any party affected thereby who has not appeared. The plaintiff shall furnish to the clerk of the court for the use of the defendants at least one copy of each amendment, and he shall furnish additional copies on the request of the clerk or of a defendant. Within the time allowed by subdivision (e) of this rule a defendant may serve an answer to the amended pleading, in the form and manner and with the same effect as there provided.
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Old 12-02-2005, 03:59 PM
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I think this may benefit me because the idiot lawyer failed to file anything with the court and I have a summary judgment hearing on Dec. 12th, so hopefully they won't show up!!
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