1. Document everything.
Whether you suspect you will soon be involved in litigation or are currently involved in the litigation you can greatly help your case by documenting everything. That means telephone calls, emails, and documents you receive. Basically any and everything related to your case that could be important as evidence and documentation. You do not want to be stuck in a situation where you know something happened, but have no way to prove it other than your word.
2. Don’t discuss your case with anyone besides your attorney
It may be tempting to blow of steam or share what’s going on with your case with friends or family members, but be advised that you could lose attorney-client privilege if you do so. Any information that you want to be protected by attorney-client privilege needs to be treated as such. If you tell your attorney something in confidence, and then turn around and tell your neighbor then you may risk losing the confidentiality protection.
3. Listen to the Judge
When it is time to go before the Judge one basic rule should stick in your mind: listen to the judge. It may be tempting to try and speak your mind about everything that opposing counsel or the other party has said, but keep in mind that it is your attorney’s job to sort through and find what needs responded to and when. If you talk out of turn or interrupt the judge to get your point across it will only irritate the judge. Let the other party act up while you keep your cool. That will allow you to come across as credible.
Copyright: jgroup / 123RF Stock Photo
A statute of limitations prescribes the maximum amount of time that can pass before an action is barred from being brought. For example, in the District of Columbia the statute of limitations for bringing a civil case for assault is one year. Therefore, the person seeking to file the suit must file the action within one year of the assault or they are barred from filing suit. The District of Columbia sets out its statute of limitations for various civil actions in the District of Columbia Code Section 12-301. The statutes are as follows:
“Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues:
- for recovery of lands, tenements, or hereditaments – 15 years;
- for the recovery of personal property or damages for its unlawful detention – 3 years;
- for the recovery of damages for an injury to real or personal property – 3 years;
- for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment – 1 year;
- for a statutory penalty or forfeiture – 1 year;
- on an executor’s or administrator’s bond – 5 years; on any other bond or single bill, covenant, or other instrument under seal – 12 years;
- on a simple contract, express or implied – 3 years;
- for which a limitation is not otherwise specifically prescribed – 3 years;
- for a violation of 7-1201.01(11) – 1 year;
- for the recovery of damages for an injury to real property from toxic substances including products containing asbestos– 5 years from the date the injury is discovered or with reasonable diligence should have been discovered;
- for the recovery of damages arising out of sexual abuse that occurred while the victim was a minor – 7 years from the date that the victim attains the age of 18, or 3 years from when the victim knew, or reasonably should have known, of any act constituting abuse, whichever is later.
- This section does not apply to actions for breach or contracts for sale governed by Section 28:2-725, nor to actions brought by the District of Columbia government.”
If you have any questions about whether you are within the statute of limitations for an action you seek to bring or an action that has been brought against you, then contact the Barkat Law Firm to speak with an attorney to get advice specific to your situation.
Image credit: <a href=’http://www.123rf.com/photo_11596733_hands-holding-an-old-book-with-library-in-background.html’>eric1513 / 123RF Stock Photo</a>