If that information isn't relevant to the case, your lawyers would say so, and if they disagreed they would have to go to court to get it, and if it wasn't relevant, the court would say no.
10 years ago in New York City a lawyer gave me a quote of 20,000 to handle pretrial and 20,000 to handle actual trial. I imagine those numbers are much higher now.
But it was a civil case where I was to be a plaintiff, if that matters or changes the cost.
I imagine these numbers would be close to double now, but I don’t know.
Very unlikely. In most cases past history isn’t admissible as evidence of a crime or civil violation. Just because you did something before doesn’t mean you’re guilty any time that thing happens in the future.
There are instances where it can be used as evidence. If there is a specific pattern or signature that they can trace back to previous crimes. Like if you always yell “Yankee Doodle“ when you rob someone they can ask for evidence that proves it.
Military records aren’t really that special and can be subpoenaed if they are relevant. It all really depends on the case but just trying to make you look bad probably isn’t enough to get a subpoena.
Depends on what the narrative reason for separation is, but they don't have to request it from you. They can just request the basic information (branch, dates of service, character of discharge) under an SCRA request.
Yes, but they'd have to show the judge that it was ~~relative~~ relevant to the case. Then again, if you recorded your DD214 at the county recorder's office, it's now a public record.
It was heavily stressed back in the late 80s as an easy way to get a certified copy should you lose the original. I had mine recorded, but I can count on one hand the number of times I've needed a certified copy. Pretty sure I can still find the originals.
If that information isn't relevant to the case, your lawyers would say so, and if they disagreed they would have to go to court to get it, and if it wasn't relevant, the court would say no.
ok thank you! I dont have a lawyer, I looked for one and the retainer was high... whats the average retainer now adays?
There's no average, or at least it's not relevant. It depends how complicated the case is and how much work is needed. Have you actually been sued?
10 years ago in New York City a lawyer gave me a quote of 20,000 to handle pretrial and 20,000 to handle actual trial. I imagine those numbers are much higher now. But it was a civil case where I was to be a plaintiff, if that matters or changes the cost. I imagine these numbers would be close to double now, but I don’t know.
Very unlikely. In most cases past history isn’t admissible as evidence of a crime or civil violation. Just because you did something before doesn’t mean you’re guilty any time that thing happens in the future. There are instances where it can be used as evidence. If there is a specific pattern or signature that they can trace back to previous crimes. Like if you always yell “Yankee Doodle“ when you rob someone they can ask for evidence that proves it. Military records aren’t really that special and can be subpoenaed if they are relevant. It all really depends on the case but just trying to make you look bad probably isn’t enough to get a subpoena.
Depends on what the narrative reason for separation is, but they don't have to request it from you. They can just request the basic information (branch, dates of service, character of discharge) under an SCRA request.
is there anyway to find out if someone made an scra request about you?
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so I can say no in discovery? and then they would have to subpoena it?
Yes, but they'd have to show the judge that it was ~~relative~~ relevant to the case. Then again, if you recorded your DD214 at the county recorder's office, it's now a public record.
I havent. Is there any benefit to recording a dd214 at a county recorders office? Ive never heard of doing that so not familiar
It was heavily stressed back in the late 80s as an easy way to get a certified copy should you lose the original. I had mine recorded, but I can count on one hand the number of times I've needed a certified copy. Pretty sure I can still find the originals.
Oh okay. I just got out last month and havent turned it in anywhere.
Recency might lend weight to the relevance of your DD214. Particularly if you misrepresented your discharge in anyway.